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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that on July 21, 1999, the United States of America, on

behalf of the United States Environmental Protection Agency (``EPA''),

filed a complaint with the United States District Court for the

District of Idaho alleging that defendants FMC Corporation (``FMC'')

and the J.R. Simplot Company (``Simplot'') are liable under Sections

106 and 107 the Comprehensive Environmental, Response, Compensation and

Liability Act (``CERCLA''), 42 U.S.C. 9606 & 9607, for the

implementation of EPA's selected remedy for the Eastern Michaud Flats

Superfund Site near Pocatello, Idaho (``the Site''), and for the

reimbursement of all costs incurred by the United States on behalf of

EPA in response to the release of hazardous substances at the Site. The

action is styled United States v. FMC Corporation, Civil Action No. 99-

296-E-BLW (D. Idaho). On the same day, the United States lodged with

the United States District Court for the District of Idaho Consent

Decrees with FMC and Simplot resolving the United States' claims in

this action.

The Consent Decree requires FMC and Simplot to implement EPA's

selected remedy for the Site, and to reimburse the United States for

$614,456.11, which represents the full amount of unreimbursed costs

incurred by the United States on behalf of EPA in response to releases

of hazardous substances from the Site.

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 for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. FMC, DOJ Ref. #90-7-1-889/1.

The proposed Consent Decrees may be examined at the Region 10

Office of the Environmental Protection Agency, 1200 Sixth Avenue,

Seattle, WA 98101 (206) 553-1504, and may be obtained from the Office

of the United States Attorney for the District of Idaho, P.O. Box 32,

Boise, Idaho 83707 (208) 334-1211. Copies of either or both of the

proposed Consent Decrees may also 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 copies please refer to United States v. FMC,

No. C99-296-E-BLW (D. Idaho), and enclose a check payable to the

Consent Decree Library in the amount of $20.75 for the Consent Decree

with FMC (83 pages at 25 per page reproduction costs, not including

attachments) and $18.50 for the Consent Decree with Simplot (74 pages

at 25 cents per page reproduction costs not including attachments).

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resource Division.

[FR Doc. 99-20748 Filed 8-10-99; 8:45 am]

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