[Federal Register: May 5, 1999 (Volume 64, Number 86)]
[Notices]               
[Page 24171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my99-80]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'')

    Notice is hereby given that a proposed Partial Consent Decree 
(``Decree'') in United States v. Alabama Electric Cooperative, et al., 
Civil Action No. 982474-GTV, was lodged on April 15, 1999, with the 
United States District Court for the District of Kansas.
    The complaint filed in the above-referenced matter alleges that 
Settling Defendants Consolidated Edison Company of New York, Inc.; El 
Paso Electric Company; High Voltage Maintenance Corporation; Jersey 
Central Power & Light Company d/b/a GPU Energy; MidAmerican Energy 
Company on behalf of itself and as successor to Iowa Power and Light 
Company, Midwest Power Systems, Inc. and Sherrard Power System, Inc.; 
SCA Chemical Services, Inc.; Sierra Pacific Power Company; and 
UtiliCorp United, Inc. as successor to Missouri Public Service and 
Westplains Energy (d/b/a Centel Western Power and Southern Colorado 
Power), are jointly and severally liable for the United States' 
response costs at the Osage Metals Superfund Site (``Site'') in Kansas 
City, Kansas, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
    The Site was the location of a metals salvage and reclamation 
facility between 1948 and 1993. EPA sampling at the Site in 1994 showed 
high levels of lead and polychlorinated biphenyls, which are hazardous 
substances within the meaning of CERCLA, and the United States incurred 
response costs responding to the release or threat of release of these 
substances at the Site. The Site is now cleaned to industrial levels 
and is the location of a working warehouse. The United States 
anticipates no future response actions at the Site.
    Under the proposed Decree, Settling Defendants shall pay the United 
States $211,000.00 plus interest toward the United States' 
approximately $1.12 million in unreimbursed past costs at the Site. The 
Settling Defendants also covenant not to sue any de micromis parties, 
or any de minimis parties that have settled or do settle with the 
United States. In exchange, the United States gives Settling Defendants 
a covenant not to sue and contribution protection for past response 
costs and future enforcement costs at the Site. Thirteen federal 
agencies, who were not named as defendants in this action, are also 
resolving their potential liability in the proposed Decree. Under the 
proposed Decree, the settling federal agencies shall pay the United 
States $633,864. The settling federal agencies also covenant not to sue 
any de micromis parties, or any de minimis parties that have settled or 
do settle with the United States. In exchange, the United States 
provides the settling federal agencies the releases of liability.
    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, Washington, DC 20430, and should refer to United 
States v. Alabama Electric Cooperative, et al, DOJ Ref. #90-11-3-1617B.
    The proposed consent decree may be examined at the office of the 
United States Attorney, District of Kansas, 500 State Avenue, Suite 
360, Kansas City, KS 66101, 913-551-6730; the Region VII Office of the 
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, KS 
66101, 913-551-7255; and at the Consent decree Library, 1120 G Street, 
NW., 3rd Floor, Washington, DC 20005, 202-624-0892. A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Library. In reque Consent Decree Library, 1120 G Street, NW., 3rd 
Floor, Washington, DC 20005. In requesting a copy of the Decree, with 
all attachments, please refer to the referenced case and enclose a 
check in the amount of $15.25 (25 cents per page reproduction costs), 
payable to the Consent Decree sting a copy of the Decree without the 
attachments, please enclose a check in the amount of $9.50.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-11265 Filed 5-4-99; 8:45 am]
BILLING CODE 4410-15-M