Notice of Lodging of Three Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Three Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

Notice is hereby given that three proposed consent decrees in

United States v. Drum Service Co. of Florida, et al., M.D. Fla., Civil

No. 98-687-Civ-Orl-18C, were lodged on January 6, 1999, with the United

States District Court for the Middle District of Florida. The consent

decrees resolve claims under Section 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, 42

U.S.C. 9607, as amended, brought against (1) defendants Douglass

Fertilizer & Chemical Co., Inc., Spencer G. Douglass, Joseph P. Brooks,

the Estate of Irving Feinberg, Mallory Corporation, and Coatings

Application & Waterproofing Co.; (2) defendants Zellwin Farms Co.,

Inc., W.R. Grace & Co.--Conn., Paul Alexander, Julia Alexander,

Chemical Systems of Florida, Inc.; and (3) defendant Joseph P. Brooks

for response costs incurred and to be incurred by the United States

Environmental Protection Agency in connection with responding to the

release and threatened release of hazardous substances at the Zellwood

Groundwater Contamination Superfund Site (``Site'').

One proposed decree would partially resolve the liability of five

former owners and operators of a liquid fertilizer business at the Site

and the current owner of the portion of the Site on which the liquid

fertilizer business was located. The Decree would release claims

against Douglass Fertilizer & Chemical Co., Inc., Spencer G. Douglass,

Joseph P. Brooks, the Estate of Irving Feinberg, Mallory Corporation,

and Coatings Application & Waterproofing Co. (``Settling Defendants''),

for response costs incurred to perform the remedy selected in a Record

of Decision for Operable Unit One of the Site. The Settling Defendants

collectively would pay $199,980.11 to resolve these claims.

The second proposed decree would resolve the liability of four

current owners and one current operator for all past and future

response costs at the Site. Zellwin Farms Co., Inc., would pay

$18,048.23; W.R. Grace & Co.--Conn. would pay $8,114.94; and Paul

Alexander, Julia Alexander and Chemical Systems of Florida, Inc.,

collectively would pay $8,114.94 to resolve the United States' claims.

The third proposed decree would resolve the liability of Joseph P.

Brooks, a former operator at the Site, on the grounds that Mr. Brooks

has an inability to pay. Mr. Brooks, who is paying $70,000 as a

Settling Defendant in the first proposed Consent Decree, would pay an

additional $500 to resolve his remaining liability.

The three proposed consent decrees include a covenant not to sue by

the United States under Sections 106 and 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, 42

U.S.C. 9606 and 9607, and under Section 7003 of the Resource

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

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 decrees. Commenters may request an opportunity for a

public meeting in the affected area, in accordance with Section 7003(d)

of RCRA. Comments should be addressed to the Assistant Attorney General

for the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to United States v.

Drum Service Co. of Florida, et al., M.D. Fla., Civil No. 98-687-Civ-

Orl-18C, DOJ Ref. #90-11-2-266.

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

United States Attorney, Middle District of Florida, 201 Federal

Building, 80 N. Hughey Avenue, Orlando, FL 32801; the Region IV Office

of the Environmental Protection Agency, Atlanta Federal Center, 61

Forsyth Street, Atlanta, Georgia 30303-8960; and at the Consent Decree

Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, (202)

624-0892. A copy of any of the proposed consent decrees may be obtained

in person or by mail from the Consent Decree Library, 1120 G Street,

NW., 3rd Floor, Washington, DC 20005. In requesting copies please refer

to the referenced case and enclose a check in the amount of $67.00 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-1392 Filed 1-21-99; 8:45 am]

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