[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Notices]
[Page 58141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-94]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with 28 U.S.C. 50.7 and Section 122 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9622, notice is hereby given that on September
25, 2003, a proposed Consent Decree in United States v. Horsehead
Industries, Inc. et al., Civil Action No. 3:CV-98-0654, was lodged with
the United States District Court for the Middle District of
Pennsylvania.
In this action, the United States sought under Section 107 and 113
of CERCLA, 42 U.S.C 9607 and 9613, to recover past and future response
costs incurred by EPA at the Palmerton Zinc Pile Superfund Site
(``Site'') located in and around the Borough of Palmerton, Carbon
County, Pennsylvania.
The Site consists of a broad area impacted by emissions of
contaminants from zinc smelting and recovery operations. For purposes
of remediation, EPA divided the Site into four operable units. OU-1
consists of approximately 2,000 acres of Blue Mountain defoliated by
heavy metals and other airborne contaminants. A portion of the area
within OU-1 overlaps the Appalachian Trail and is owned and managed by
the Department of the Interior (``DOI'') through the National Park
Service (``NPS''). OU-2 consists of an approximately 2\1/2\ mile long,
ten story high, ``Cinder Bank'' which is composed of smelting residues
and other zinc processing byproducts deposited along the base of Blue
Mountain. OU-3 consists of soil contamination in the valley between
Blue Mountain and Stoney Ridge, which includes the Borough of Palmerton
itself. OU-4 consists primarily of area-wide surface water and
groundwater contamination.
The proposed Consent Decree requires Settling Defendants to pay
approximately $12.85 million in reimbursement of past response costs
incurred by EPA. In addition, Settling Defendant agree to implement the
remedial actions at OU-1 and OU-3, and to perform the operation and
maintenance activities at OU-2, at a projected costs of $27 million.
Settling Defendants also agree to pay DOI $700,000 for past and future
costs related to OU-1. Finally, Settling Defendants agree to dismiss
counterclaims that they filed against the United States under Sections
107 and 113 of CERCLA. The United States reserves all rights to pursue
additional actions against the Settling Defendants with respect to the
portions of the Site not addressed in this settlement.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. Horsehead Industries, Inc. et al., D.J Ref. 90-11-2-
271m.
The Consent Decree may be examined at the Office of the United
States Attorney for the Middle District of Pennsylvania, Federal
Courthouse Building, 228 Walnut Street, Suite 220, Harrisburg, PA
17108, and at U.S. EPA Region III, U.S. Environmental Protection
Agency, 1650 Arch Street, Philadelphia, PA 19103-2029. During the
public comment period, the Consent Decree, may also be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html.
A copy of the Consent Decree may also be obtained by mail
from the Consent Decree Library, P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097,
phone confirmation number (202) 514-1547. In requesting a copy of the
Consent Decree from the Consent Decree Library, please enclose a check
in the amount of $33.50 (25 cents per page reproduction cost) payable
to the U.S. Treasury. Copies of the appendices to the Consent Decree
are also available at an additional charge of 25 cents per page.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 03-25553 Filed 10-7-03; 8:45 am]
BILLING CODE 4410-15-M