Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

In accordance with Departmental policy, 28 CFR 50.7, and Section

9622(d)(2) of the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby

given that on March 12, 1998, a proposed De Micromis Consent Decree in

United States v. Consolidation Coal Company, et al., Civil Action No.

C2-94-785, was lodged with the United States District Court for the

Southern District of Ohio.

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The proposed De Micromis Consent Decree resolves the liability of

and provides contribution protection to three municipalities (the City

of Benwood, West Virginia; the Village of Flushing, Ohio; and the City

of Wheeling, West Virginia) that contributed minuscule amounts of

municipal solid waste or municipal sewer sludge to the Buckeye

Reclamation Landfill Superfund Site (the ``Site''), located in Belmont

County, Ohio.

The proposed De Micromis Consent Decree is considered part of the

overall settlement of the United States claims. As de micromis

contributors of waste to the Site, the three settling municipalities,

all of which have been named as third party defendants, are not

required to make any payment under the proposed De Micromis Consent

Decree.

The Department of Justice will receive comments concerning the

proposed De Micromis Consent Decree for a period of thirty (30) days

from the date of this publication. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

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

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

Consolidation Coal Company, et al., DOJ Number 90-11-2-1006. Commenters

may request an opportunity for a public meeting in the affected area,

in accordance with Section 7003(d) of the Resources Conservation and

Recovery Act, 42 U.S.C. 6973(d).

The proposed Consent Decree may be examined at any of the following

offices: (1) The Office of the United States Attorney, Southern

District of Ohio, 280 N. High Street, 4th Floor, Columbus, OH (614)

469-5715; (2) the U.S. Environmental Protection Agency, Region 5, 77 W.

Jackson Blvd. Chicago, Illinois 60604, (312) 886-6842; and (3) the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624-0892. A copy of the proposed De Micromis Consent

Decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G street, N.W., 4th Floor, Washington, D.C. 20005. In

requesting a copy, please enclose a check in the amount of $3.00 ($.25

per page reproduction charge) payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section Environment & Natural

Resources.

[FR Doc. 98-7946 Filed 3-25-98; 8:45 am]

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