Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act; and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act; and the

Resource Conservation and Recovery Act

Notice is hereby given that on March 3, 1998 a proposed consent

decree in United States v. Ekotek, Inc., et al., Civ. A. No. 2:98-CV-

00140J, was lodged with the United States District Court for the

District of Utah. The complaint in this action seeks judgment under:

Sections 106 and 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), as amended by the

Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499,

42 U.S.C. Secs. 9606, 9607(a). This action involves the Petrochem/

Ekotek Superfund Site in Salt Lake City, Utah (``Site'').

The consent decree resolves the claims of the United States against

54 potentially responsible parties at the Site. Under the terms of the

Decree Settling Defendants shall perform the Remedial Design and

Remedial Action for all work at the Site required by the EPA's Record

of Decision. Additionally, the Settling Defendants shall have the right

to be reimbursed for some of their costs incurred in performing that

work from a special account in the Superfund created from proceeds from

EPA's prior de minimis settlement at this Site. Finally, this Decree

also establishes a process by which Settling Defendants agree to make a

payment of money to some of the prior de minimis settlers should

certain conditions be met.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, D.C. 20044, and should refer to United States v. Ekotek,

Inc., et al., DOJ Reference No. 90-11-2-928D. In accordance with

Section 7003(d) of RCRA, 42 U.S.C. Sec. 6973(d), commenters may request

a public meeting in the affected areas.

The proposed consent decree may be examined at the Office of the

United States Attorney for the District of Utah, U.S. Courthouse, 350

South Main Street, Salt Lake City, Utah 84101; the Region VIII office

of the Environmental Protection Agency, 999 18th Street, Suite 500,

Denver, CO 80202; and the Consent Decree Library, 1120 ``G'' Street,

N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

proposed decree may be obtained in person or by mail from the Consent

Decree Library at the address listed above. In requesting a copy,

please refer to the referenced case and number, and enclose a check in

the amount of $180.00 (with exhibits) (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-6442 Filed 3-12-98; 8:45 am]

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