[Federal Register: May 5, 1999 (Volume 64, Number 86)]
[Notices]               
[Page 24171-24172]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my99-81]

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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 Defendant Transformer Service, Inc. (``TSI'') and the 123 
other named defendants 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).

[[Page 24172]]

    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 
hazardous 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 Defendant TSI shall pay the 
United States $4,493.00 plus interest toward the United States' 
approximately $1.12 million in unreimbursed past costs at the Site. TSI 
also covenants 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 TSI a covenant not to sue and 
contribution protection for past response costs and certain future 
enforcement costs at the Site. The United States' covenants are 
contingent upon TSI's certification that it has provided the United 
States with a full and accurate statement of its assets and 
liabilities. If TSI has hidden assets that it could have used to pay 
response costs. the United States' covenant not to sue is void.
    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, D.C. 20530, and should refer to the 
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, 
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 of the Decree, with all attachments, 
please refer to the referenced case and enclose a check in the amount 
of $13.50 (25 cents per page reproduction costs), payable to the 
Consent Decree Library. In requesting a copy of the Decree without the 
attachments, please enclose a check in the amount of $8.00.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-11266 Filed 5-4-99; 8:45 am]
BILLING CODE 4410-15-M