Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

Notice is hereby given that on February 1, 1999, a proposed consent

decree in United States of America v. AZS Corporation, et al., Civil

Action No. 99-464 (DRD), was lodged with the United States District

Court for the District of New Jersey. The United States' underlying

complaint sought recovery of response costs under the Comprehensive

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

U.S.C. 9601, et seq., from AZS Corporation and four of its corporate

relatives (Toyo Soda (America), Inc., Tosoh Corporation, Tosoh America,

Inc., and Tosoh USA, Inc.) for the cleanup of hazardous substances

found at the White Chemical Corporation Superfund Site located at 660

Frelinghuysen Avenue, Newark, New Jersey.

The consent decree provides that AZS Corporation, which formerly

owned the Site, and the other four settling defendants will reimburse

the Environmental Protection Agency (EPA) for response costs at the

Site totaling $5.9 million, plus applicable interest. In addition, the

decree provides settling defendants with covenants not to use for EPA's

past and future CERCLA response costs at the Site, as well as

protection from contribution actions or claims as provided by Sections

113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. Secs. 9613(f)(2) and

9622(h)(4).

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division,

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

United States v. AZS Corporation, et al., D.J. Ref. 90-11-2-642B.

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

United States Attorney, 970 Broad St., Room 502, Newark, N.J. 07102 and

at the Region II office of the Environmental Protection Agency, 290

Broadway, New York, New York 10007. The proposed consent decree may

also be examined at the Consent Decree Library, 1120 G Street, N.W.,

3rd Floor, Washington, D.C. 20005 (202-624-0892). A copy of the

proposed consent decree may 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 a copy, please enclose a check in the amount

of $5.25 (25 cents per page reproduction cost) payable to the ``Consent

Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-4638 Filed 2-24-99; 8:45 am]

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