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 Defendant Transformer Service, Inc. (``TSI'') and the 123

other named defendants 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).

[[Page 24172]]

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

hazardous 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 Defendant TSI shall pay the

United States $4,493.00 plus interest toward the United States'

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

also covenants 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 TSI a covenant not to sue and

contribution protection for past response costs and certain future

enforcement costs at the Site. The United States' covenants are

contingent upon TSI's certification that it has provided the United

States with a full and accurate statement of its assets and

liabilities. If TSI has hidden assets that it could have used to pay

response costs. the United States' covenant not to sue is void.

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, D.C. 20530, and should refer to the

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,

N.W., 3rd Floor, Washington, D.C. 20005, 202-624-0892. A copy of the

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

Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 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 $13.50 (25 cents per page reproduction costs), payable to the

Consent Decree Library. In requesting a copy of the Decree without the

attachments, please enclose a check in the amount of $8.00.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-11266 Filed 5-4-99; 8:45 am]

BILLING CODE 4410-15-M