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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-11265

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 5, 1999
- **Citation:** 64 FR 24171

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-11265. Public record. Not legal advice.