Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decrees Under the Comprehensive Environmental

Response, Compensation, and Liability Act

Notice is hereby given that on June 10, 1999 a proposed consent

decree in United States v. Horsehead Industries, Inc., Civil Action No.

CV. 98-654, was lodged with the United States District Court for the

Middle District of Pennsylvania.

In this action, the United States is seeking more than $12 million

in past costs and future costs, pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act, in connection

with the Palmerton Zinc Pile Superfund Site (``Site''), located in

Palmerton, Carbon County, Pennsylvania.

The consent decree that was lodged would resolve the United States'

claims against 197 parties who transported materials to the Site and

whom the United States alleges are de minimis generators. Those parties

will pay approximately $4.7 million, in the aggregate, to resolve their

claims. The consent decree will not resolve the United States' claims

against four other defendants who are current or former owners and

operators of the Site.

The consent decree includes a covenant not to sue by the United

States under Sections 106 and 107 of CERCLA, 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 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. Horsehead Industries, Inc., D.J. Ref. 90-11-2-271M.

Commenters may request an opportunity for a public hearing in the

affected area, in accordance with Section 7003(d) of RCRA.

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

United States Attorney, Federal Courthouse Building, 228 Walnut Street,

Harrisburg, PA 17108; at U.S. EPA Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103-2029; 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 decrees 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, please enclose

a check in the amount of $57.50 (25 cents per page reproduction cost)

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-16115 Filed 6-23-99; 8:45 am]

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