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

Notice is hereby given that a proposed Consent Decree in United

States v. Bay Chemical Company, et al., Civil Action No. C-995521RJB

was lodged on October 5, 1999 with the United States District Court for

the Western District of Washington.

The complaint in this action seeks to recover, pursuant to Section

107 of the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. Sec. 9607 response costs incurred

and to be incurred by the U.S. Environmental Protection Agency

(``EPA'') in the Hylebos Waterway Problem Areas in Operable Unit 1

(``OU1'') of the Commencement Bay Nearshore/Tideflats Superfund Site

(hereinafter ``the Site'') located in Tacoma, Washington. The

defendants include owners and operators of properties within two

problem areas of one of the nine operable units at the Site.

The proposed Consent Decree embodies an agreement with seventeen

potentially responsible parties (``PRPs'') pursuant to Section 107 of

CERCLA, 42 U.S.C. 9607, to pays approximately $762,880 in past and

future response costs associated with the Hylebos Waterway Problem

Areas of OU1 of the Site. The above-described payments include a

premium to be paid by each settling party to offset the risks that

actual future response costs will exceed current estimates.

The Consent Decree provides the settling defendants with releases

for civil liability for response costs under Sections 106 and 107 of

CERCLA relating to the Hylebos Waterway Problem Areas of OU1 of the

Site. The Consent Decree explicitly reserves the United States' claims

for response costs associated with other operable units and problem

areas of the Site, natural resource damages, and other potential United

States' claims.

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 for the Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Washington, D.C. 20044-7611, and

should refer to United States. v. Bay Chemical Company, et al, DOJ Ref.

No. 90-11-2-06010.

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

United States Attorney, 3600 Seafirst Plaza, 800 5th Avenue, room 3601,

Seattle, WA 98104, and the Region X Office of the Environmental

Protection Agency, Region X Records Center, 1200 Sixth Avenue, Seattle,

Washington 98101. A copy of the proposed consent decree may be obtained

by mail from the Consent Library at the following address: U.S.

Department of Justice, Environmental Enforcement Section, Post Office

Box 7611, Washington, D.C. 20044. In requesting a copy, please refer to

the referenced case and enclose a check in the amount of $175.00 (25

cents per page reproduction costs), payment to the Consent Decree

Library.

Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 99-27903 Filed 10-25-99; 8:45 am]

BILLING CODE 4410-15-M