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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA'')

Notice is hereby given that a proposed Partial Consent Decree

(``Decree'') in United States v. Alabama Electric Cooperative, et al.,

Civil Action No. 982474-GTV, was lodged on April 15, 1999, with the

United States District Court for the District of Kansas.

The complaint filed in the above-referenced matter alleges that

Settling Defendants Consolidated Edison Company of New York, Inc.; El

Paso Electric Company; High Voltage Maintenance Corporation; Jersey

Central Power & Light Company d/b/a GPU Energy; MidAmerican Energy

Company on behalf of itself and as successor to Iowa Power and Light

Company, Midwest Power Systems, Inc. and Sherrard Power System, Inc.;

SCA Chemical Services, Inc.; Sierra Pacific Power Company; and

UtiliCorp United, Inc. as successor to Missouri Public Service and

Westplains Energy (d/b/a Centel Western Power and Southern Colorado

Power), are jointly and severally liable for the United States'

response costs at the Osage Metals Superfund Site (``Site'') in Kansas

City, Kansas, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

The Site was the location of a metals salvage and reclamation

facility between 1948 and 1993. EPA sampling at the Site in 1994 showed

high levels of lead and polychlorinated biphenyls, which are hazardous

substances within the meaning of CERCLA, and the United States incurred

response costs responding to the release or threat of release of these

substances at the Site. The Site is now cleaned to industrial levels

and is the location of a working warehouse. The United States

anticipates no future response actions at the Site.

Under the proposed Decree, Settling Defendants shall pay the United

States $211,000.00 plus interest toward the United States'

approximately $1.12 million in unreimbursed past costs at the Site. The

Settling Defendants also covenant not to sue any de micromis parties,

or any de minimis parties that have settled or do settle with the

United States. In exchange, the United States gives Settling Defendants

a covenant not to sue and contribution protection for past response

costs and future enforcement costs at the Site. Thirteen federal

agencies, who were not named as defendants in this action, are also

resolving their potential liability in the proposed Decree. Under the

proposed Decree, the settling federal agencies shall pay the United

States $633,864. The settling federal agencies also covenant not to sue

any de micromis parties, or any de minimis parties that have settled or

do settle with the United States. In exchange, the United States

provides the settling federal agencies the releases of liability.

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

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20430, and should refer to United

States v. Alabama Electric Cooperative, et al, DOJ Ref. #90-11-3-1617B.

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

United States Attorney, District of Kansas, 500 State Avenue, Suite

360, Kansas City, KS 66101, 913-551-6730; the Region VII Office of the

Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, KS

66101, 913-551-7255; and at the Consent decree Library, 1120 G Street,

NW., 3rd Floor, Washington, DC 20005, 202-624-0892. A copy of the

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

Library. In reque Consent Decree Library, 1120 G Street, NW., 3rd

Floor, Washington, DC 20005. In requesting a copy of the Decree, with

all attachments, please refer to the referenced case and enclose a

check in the amount of $15.25 (25 cents per page reproduction costs),

payable to the Consent Decree sting a copy of the Decree without the

attachments, please enclose a check in the amount of $9.50.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-11265 Filed 5-4-99; 8:45 am]

BILLING CODE 4410-15-M