[Federal Register: January 22, 1999 (Volume 64, Number 14)]
[Notices]               
[Page 3551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja99-108]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that three proposed consent decrees in 
United States v. Drum Service Co. of Florida, et al., M.D. Fla., Civil 
No. 98-687-Civ-Orl-18C, were lodged on January 6, 1999, with the United 
States District Court for the Middle District of Florida. The consent 
decrees resolve claims under Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, 42 
U.S.C. 9607, as amended, brought against (1) defendants Douglass 
Fertilizer & Chemical Co., Inc., Spencer G. Douglass, Joseph P. Brooks, 
the Estate of Irving Feinberg, Mallory Corporation, and Coatings 
Application & Waterproofing Co.; (2) defendants Zellwin Farms Co., 
Inc., W.R. Grace & Co.--Conn., Paul Alexander, Julia Alexander, 
Chemical Systems of Florida, Inc.; and (3) defendant Joseph P. Brooks 
for response costs incurred and to be incurred by the United States 
Environmental Protection Agency in connection with responding to the 
release and threatened release of hazardous substances at the Zellwood 
Groundwater Contamination Superfund Site (``Site'').
    One proposed decree would partially resolve the liability of five 
former owners and operators of a liquid fertilizer business at the Site 
and the current owner of the portion of the Site on which the liquid 
fertilizer business was located. The Decree would release claims 
against Douglass Fertilizer & Chemical Co., Inc., Spencer G. Douglass, 
Joseph P. Brooks, the Estate of Irving Feinberg, Mallory Corporation, 
and Coatings Application & Waterproofing Co. (``Settling Defendants''), 
for response costs incurred to perform the remedy selected in a Record 
of Decision for Operable Unit One of the Site. The Settling Defendants 
collectively would pay $199,980.11 to resolve these claims.
    The second proposed decree would resolve the liability of four 
current owners and one current operator for all past and future 
response costs at the Site. Zellwin Farms Co., Inc., would pay 
$18,048.23; W.R. Grace & Co.--Conn. would pay $8,114.94; and Paul 
Alexander, Julia Alexander and Chemical Systems of Florida, Inc., 
collectively would pay $8,114.94 to resolve the United States' claims.
    The third proposed decree would resolve the liability of Joseph P. 
Brooks, a former operator at the Site, on the grounds that Mr. Brooks 
has an inability to pay. Mr. Brooks, who is paying $70,000 as a 
Settling Defendant in the first proposed Consent Decree, would pay an 
additional $500 to resolve his remaining liability.
    The three proposed consent decrees include a covenant not to sue by 
the United States under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, 42 
U.S.C. 9606 and 9607, and under Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
    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. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with Section 7003(d) 
of RCRA. Comments should be addressed to the Assistant Attorney General 
for the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 20530, and should refer to United States v. 
Drum Service Co. of Florida, et al., M.D. Fla., Civil No. 98-687-Civ-
Orl-18C, DOJ Ref. #90-11-2-266.
    The proposed consent decrees may be examined at the office of the 
United States Attorney, Middle District of Florida, 201 Federal 
Building, 80 N. Hughey Avenue, Orlando, FL 32801; the Region IV Office 
of the Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street, Atlanta, Georgia 30303-8960; and at the Consent Decree 
Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, (202) 
624-0892. A copy of any of the proposed consent decrees may be obtained 
in person or by mail from the Consent Decree Library, 1120 G Street, 
NW., 3rd Floor, Washington, DC 20005. In requesting copies please refer 
to the referenced case and enclose a check in the amount of $67.00 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-1392 Filed 1-21-99; 8:45 am]
BILLING CODE 4410-15-M