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

DEPARTMENT OF JUSTICE

Notice of Consent Judgments Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029,

and 42 U.S.C. Sec. 9622(d), notice is hereby given that a proposed

Consent Decree in United States v. C&D Technologies, Inc., et al.,

Civil Action Number 99-52 (WHW), DOJ #90-11-2-1075, was lodged in the

United States District Court for the District of New Jersey on January

6, 1999. The Consent Decree resolves the liability of defendants under

Sections 106(a) and 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. Secs. 9606(a)

and 9607(a), and the Resource Conservation and Recovery Act, 42 U.S.C.

Sec. 6973 relating to the NL Industries, Inc. Superfund Site in

Pedricktown, New Jersey (the ``Site'').

Under the proposed decree Defendants agree to perform EPA's first

operable unit and Phase V removal action for the Site as set forth in

EPA's Record of Decision of July 1994 (``OU1''), which requires:

excavation, treatment, and disposal of soils and removal of stream

sediments contaminated with lead above the remedial action objective of

500 parts per million (ppm); extraction and treatment of contaminated

ground water; and appropriate environmental monitoring to ensure

effectiveness of the remedy. The estimated cost for the remedy is

$21,021,550. Defendants also agree to pay the first $3,515,064 in Past

Costs and Future Response Costs incurred in connection with the Site.

In exchange for the work and payment of response costs, Defendants will

receive a covenant not to sue for response actions at the Site subject

to certain reservations of rights.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, written 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 United States v. C&D Technologies, Inc., et al. DOJ # 90-11-2-

1075.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, District of New Jersey, 970 Broad Street Room

501, Newark, New Jersey 07102; at the Region II Office of the U.S.

Environmental Protection Agency, 290 Broadway, New York, New York

10278; and at the Consent Decree Library, 1120 G Street, N.W., 3d

Floor, Washington, D.C. 20005, (202) 624-0892. Copies of the Consent

Decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street, N.W., 3d Floor, Washington, D.C. 20005. In

requesting a copy, please enclose a check in the amount of $65.50 (25

cents per page reproduction costs) payable to the Consent Decree

Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 99-1806 Filed 1-26-99; 8:45 am]

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