Notice of Lodging of Consent Decree Relating to the Halby Chemical Superfund Site in Wilmington, New Castle County, Delaware, Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Relating to the Halby

Chemical Superfund Site in Wilmington, New Castle County, Delaware,

Under the Comprehensive Environmental Response, Compensation, and

Liability Act

Pursuant to 42 U.S.C. 9622(d), notice hereby is given that a

proposed consent decree in United States v. Witco Corporation and the

Pyrites Company, Civil Action No. 99-628 was lodged with the United

States District Court for the District of Delaware, on September 17,

1999.

This action was commenced pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9601, et seq. in connection with the Halby Chemical Superfund

Site located in Wilmington, New Castle County, Delaware. (See the

National Priorities List in 40 CFR part 300, appendix B).

Pursuant to this consent decree, the Witco Corporation and the

Pyrites Company have agreed to perform the Operable Unit 2 remedial

design and remedial action at the Halby Superfund Site (the ``Site'').

and to reimburse the United States approximately $6.2 million in

response costs, plus interest, incurred by the United States in

connection with the Site.

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

States under Sections 106 and 107 of CERLA, and under Section 7003 of

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

The Department of Justice will receive comments relating to the

proposed consent decrees for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, Washington, DC 20530 (attention: Lisa Cherup). All comments

should refer to ``United States v. Witco Corporation and the Pyrites

Company, (Halby Chemical Superfund Site), DJ 90-11-2-719B.''

Additionally, commenters may request an opportunity for a public

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

RCRA.

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

United States Attorney for the District of Delaware, 1201 Market

Street, Ste. 1100, P.O. Box 2046, Wilmington, Delaware 19801, and at

the office of the U.S. Environmental Protection Agency, Region III,

1650 Arch Street, Fifth Floor, Philadelphia, PA 19103-2029 (attention

Patricia C. Miller, Assistant Regional Counsel, 215-814-2662). A copy

of the proposed consent decrees may be obtained by mail from the

Department of Justice Consent Decree Library, P.O. Box 7611,

Washington, DC 20004. In requesting a copy, please refer to the above-

referenced DJ number, and enclose a check in the amount of $26.00

(twenty-five cents per page reproduction costs) for the Consent Decree

(104 pages total), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 99-25509 Filed 9-30-99; 8:45 am]

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