Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

In accordance with Department of Justice policy, 28 CFR 50.7,

notice is hereby given that a proposed consent decree in the action

entitled United States of America v. Agway, Inc., et. al., Civil Action

No. 99-CV-0227 (NAM/GJD) (N.D.N.Y.), was lodged on February 18, 1999

with the United States District Court for the Northern District of New

York. The proposed consent decree resolves claims of the United States,

on behalf of the U.S. Environmental Protection Agency, under the

Comprehensive Environmental Response, Compensation, and Liability Act

of 1980, as amended, 42 U.S.C. 9601-9675, against defendants Agway,

Inc., BMC Industries, Inc., Cooper Industries, Inc., Elf Atochem North

America Inc., Keystone Consolidated Industries, Inc., Mack Trucks,

Inc., Monarch Machine Tool Co., New York State Electric & Gas Corp.,

Niagara Mohawk Power Corp., Overhead Door Corp., Pall Corp., Potter

Paint Co., Inc., Raymond Corp., Redding-Hunter, Inc., and Wilson

Sporting Goods Co. These claims are for injunctive relief and recovery

of response costs incurred and to be incurred by the United States with

respect to the Rosen Brothers Superfund Site (``Site''), located in

Cortland, New York.

Under the terms of the proposed consent decree, the defendants will

compensate the United States in the amount of $810,927.52 for its

incurred costs with respect to the Site, and will also reimburse the

United States for all of its future response costs with respect to the

Site in excess of $200,000. By the terms of the proposed consent

decree, defendants Agway, Inc., BMC Industries, Inc., Elf Atochem North

America Inc., Mack Trucks, Inc., New York State Electric & Gas Corp.,

Pall Corp., Raymond Corp., and Wilson Sporting Goods Co. will also

perform the remedy specified by the U.S. Environmental Protection

Agency for cleanup of 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 decree. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, Washington, DC 20530, and

[[Page 12820]]

should refer to United States v. Agway, Inc., et al., Civil Action No.

99-CV-0227 (NAM/GJD) (N.D.N.Y.), DOJ Ref. No. 90-11-3-254B.

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

United States Attorney, 445 Broadway, Room 231, Albany, New York 12207;

the Region II Office of the Environmental Protection Agency, 290

Broadway, New York, New York 10007-1866; and the Consent Decree

Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, telephone

(202) 624-0892. A copy of the proposed consent decree may be obtained

in person or by mail from the Consent Decree Library. In requesting a

copy, please refer to the referenced case and enclose a check in the

amount of $114.25 (25 cents per page reproduction costs for the Decree

and appendices) made payable to Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, Department of Justice.

[FR Doc. 99-6234 Filed 3-12-99; 8:45 am]

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