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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act

In accordance with Departmental policy, the Department of Justice

gives notice that four proposed consent decrees in the consolidated

cases captioned United States v. Cantrell, et. al., Civil Action No. C-

1-97-981 (S.D. Ohio) and United States v. Ohio Power Co., et al., Civil

Action No. C-1-98-247 (S.D. Ohio), were lodged with the United States

District Court for the Southern District of Ohio, Western Division, on

June 21, 1999, pertaining to the Automatic Containers Superfund Site

(the ``Site''), located near Ironton, in Lawrence County, Ohio. The

proposed consent decrees would resolve certain civil claims of the

United States for recovery of more than $1.3 million in unreimbursed

past response costs under Section 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act, as amended

(``CERCLA''), 42 U.S.C. 9607, against two defendants and 28 third-party

defendants in the consolidated cases.

The first proposed consent decree, captioned ``Partial Consent

Decree with Settling Defendant Mansbach Realty Co. (d/b/a Mansbach

Metal Co.) and Certain Third-Party Settling Defendants'' would require

Defendant Mansbach's payment of $585,000 (on its own behalf and on

behalf of 24 so-called ``Mansbach Supplier'' Third-Party Defendants) in

reimbursement of past CERCLA response costs the United States incurred

in connection with the Site. (The following Mansbach Supplier Third-

Party Defendants are Settling Defendants under that proposed consent

decree: American Commercial Barge Line LLC (and its related corporate

entity American Commercial Lines LLC); American Electric Power Service

Corporation (and its related corporate entities Ohio Power Company and

Indiana Michigan Power Company); Ashland Oil, Inc. (now known as

Ashland Inc.); Baker Iron & Metal Co., Inc.; Merdie Boggs & Sons;

Crounse Corporation; CSX Transportation, Inc. (in its own name and as

successor by merger to Louisville and Nashville Railroad Company); E.I.

du Pont Nemours and Company; General American Transportation

Corporation; Helm Financial Corporation (and its related entities Helm-

Atlantic Associates Limited Partnership, Helm-Pacific leasing, and HM

Joint Venture); Ingram Industries, Inc.; The David J. Joseph Company;

The Valley Line Company (formerly known as Mississippi Valley Barge

Line Company); Norfolk Southern Railway Company; Nugent Sand Company;

The Ohio River Company (and its related corporate entity Midland

Enterprises Inc.); Progress Rail Services Corporation; Kentucky

Electric Steel, Inc.; Ross Brothers Construction Co.; Sears, Roebuck

and Co.; Superior Marine Ways, Inc.; and Union Tank Car Company.) The

second proposed consent decree, captioned ``Partial Consent Decree with

Settling Defendant Oak Hill Foundry & Machine Works, Inc.,'' would

provide for payment of an additional $91,000 by Defendant Oak Hill. The

third proposed consent decree, captioned ``Partial Consent Decree with

Certain Third-Party Settling Defendants,'' would provide for payment of

an additional $13,000 by Third-Party Defendants Muth Lumber Co., Crace

Construction Co., and Lawrence County Medical Center. The fourth

proposed consent decree, captioned ``Partial Consent Decree with

Setting Defendant City of Ironton, Ohio,'' would provide for payment of

an additional $26,000 by the City. Taken together, the four proposed

consent decrees would resolve claims against 30 parties in exchange for

payment of $715,000, as provided by the proposed consent decrees.

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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. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resource Division, United

States Department of Justice, Washington, DC 20530, and should refer to

United States v. Cantrell, et al., Civil Action No. C-1-97-981 (S.D.

Ohio) and United States v. Ohio Power Co., et al., Civil Action No. C-

1-98-247 (S.D. Ohio), and DOJ Reference Nos. 90-11-3-1756 and 90-11-3-

1756/1, and the proposed consent decree(s) which the comments address.

The proposed consent decrees may be examined at: (1) The Office of

the Untied States Attorney for the Southern District of Ohio, 220 U.S.

Courthouse, 100 East Fifth street, Cincinnati, Ohio 45202 (contact

Gerald Kaminski (513-684-3711)); (2) the United States Environmental

Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago,

Illinois 60604-3590 (contact Mony Chabria (312-886-6842)); and (3) the

U.S. Department of Justice, Environment and Natural Resources Division

Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC

20005 (202-624-0892). Copies 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 DOJ Reference Number, the

proposed consents decree(s) requested, and enclose a check for the

amount(s) described below, made payable to the Consent Decree Library.

The cost for a copy of the ``Partial Consent Decree with Settling

Defendant Mansbach Realty Co. (d/b/a Mansbach Metal Co.) and Certain

Third-Party Settling Defendants'' and all appendices is $13.50 (54

pages at 25 cents per page reproduction costs). The cost for a copy of

the ``Partial Consent Decree with Settling Defendant Oak Hill Foundry &

Machine Works, Inc.'' and all appendices is $6.25 (25 pages at 25 cents

per page reproduction costs). The cost for a copy of the ``Partial

Consent Decree with certain Third-Party Settling Defendants'' and all

appendices is $6.75 (27 pages at 25 cents per page reproduction costs).

The cost for a copy of the ``Partial Consent Decree with Settling

Defendant City or Ironton, Ohio'' and all appendices is $6.25 (25 pages

at 25 cents per page reproduction costs).

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-16942 Filed 7-2-99; 8:45 am]

BILLING CODE 4410-15-M