Notice of Lodging of Consent Decree and Stipulated Amendment Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Stipulated Amendment

Pursuant to the Comprehensive Environmental Response, Compensation and

Liability Act

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

accordance with Section 122(d) of the Comprehensive Environmental

Response, Compensation and Liability Act (``CERCLA''), notice is hereby

given that on March 17, 1998, a proposed Second Consent Decree in

United States v. Lockheed Martin Corporation, et al., Case No. CV 91-

4527 MRP (Tx) was lodged with the United States District Court for the

Central District of California.

In this action the United States and State allege that the

defendants are liable under CERCLA for costs incurred by the United

States and State in conducting response actions at the Burbank Operable

Unit Site, which is a part of the San Fernando Valley Superfund Site.

In addition, the United States seeks injunctive relief for a portion of

the remedy specified in the Record of Decision.

This consent decree represents a settlement for a partial remedy

for the Burbank Operable Unit, San Fernando Valley Area 1 Superfund

Site (``Site''), and the recovery of a substantial portion of costs.

This is the second consent decree pertaining to the Burbank Operable

Unit. This settlement between the United States and the Settling

Defendants is for past and future costs, and the operation and

maintenance of the remedy which was designed and constructed pursuant

to the first consent decree which was entered in this action on March

25, 1992, as well as that part of the remedy which was designed and

constructed pursuant to a unilateral order (``UAO'') issued under

Section 106 of CERCLA. The decree also provides for the recovery of

over $11 million in response costs and the recovery of all future site

specific costs.

The Second Consent Decree changes some of the terms and conditions

of the first consent decree. Therefore, a Stipulated Amendment to

Consent Decree is also being lodged with the Court. The Stipulated

Amendment ensures consistency between the first and second consent

decrees.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the

proposed Second Consent Decree. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Lockheed Martin Corporation, et al. San

Fernando Valley (Burbank Operable Unit Superfund Site), D.J. Ref. 90-

11-2-442. Commenters may request an opportunity for a public meeting in

the affected area, in accordance with Section 7003(d) of the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973(d).

The proposed Second Consent Decree and Stipulated Amendment to

Consent Decree may be examined at the Office of the United States

Attorney, Central District of California, 300 North Los Angeles Street,

Los Angeles, California 90012, and at the Region IX, Office of the

Environmental Protection Agency, 75 Hawthorne Street, San Francisco,

California 94105. The proposed Second Consent Decree may be examined at

the Environmental Enforcement Section Document Center, 601 Pennsylvania

Avenue Building, N.W., Washington, D.C. 20004 (202-347-2072). A copy of

the proposed Second Consent Decree may be obtained in person or by mail

from the Environmental Enforcement Section Document Center, 601

Pennsylvania Avenue, N.W., Box 1097, Washington, D.C. 20004. In

requesting a copy, please enclose a check in the amount of $56.25

(without exhibits), $125.75 (with exhibits) (25 cents per page

reproduction cost) payable to the Treasurer of the United States. A

copy of the Stipulated Amendment to Consent Decree may be obtained in

person or by mail from the Environmental Enforcement Section Document

Center, 601 Pennsylvania Avenue, N.W., Box 1097, Washington, D.C.

20004. In requesting a copy, please enclose a check in the amount of

$5.00 (25 cents per page reproduction cost) payable to the Treasurer of

the United States.

Walker Smith,

Deputy Chief, Environment and Natural Resources Division.

[FR Doc. 98-9152 Filed 4-7-98; 8:45 am]

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