[Federal Register: May 26, 1999 (Volume 64, Number 101)]
[Notices]               
[Page 28511-28512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my99-107]

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DEPARTMENT OF JUSTICE

 
Lodging of Consent Decrees Under the Comprehensive Environmental 
Response, Compensation and Liability Act 42 U.S.C. 9601, et seq.

    Notice is hereby given that on May 14, 1999 two proposed Consent 
Decrees (``Decrees'') in United States v. Gencorp, Inc., et al Civil 
Action No. 5:89-CV-1866, were lodged with the United States District 
Court for the Northern District of Ohio. The United States filed this 
action pursuant to the Comprehensive Environmental Response, 
Compensation and Liability Act, as amended (``CERCLA''), 42 U.S.C. 
9601, et seq., seeking (i) reimbursement of costs incurred in response 
to the release or threat of release of hazardous substances from the 
Fields Brook Superfund Site in Ashtabula, Ohio; and (ii) recovery of 
damages for injury to, destruction of, or loss of natural resources at 
the Site.
    The proposed Consent Decrees resolve certain claims against: Ashta 
Chemicals, Inc.; Archer Daniels Midland Company (ADM); Bee Jay 
Excavating, Inc. (f/k/a/ Brenkus Excavating, Inc.); C.H. Heist Corp.; 
Cabot Corporation; Consolidated Rail Corporation; Detrex Corporation; 
Elkem Metals Company L.P.; First Energy Corp.; GenCorp Inc.; Greenleaf 
Motor Express, Inc.; Koski Construction Co.; Luntz Services Corporation 
(f/k/a Luntz Corporation); Mallinckrodt, Inc. (f/k/a International 
Minerals and Chemicals Corporation); Millennium Inorganic Chemicals, 
Inc. (f/k/a SCM Corporation and SCM Chemicals Inc.); Millennium 
Petrochemicals, Inc.; Motta's Body & Frame Shop, Inc.; Occidental 
Chemical Corporation; Ohio Power Company; Olin Corporation; 
Plasticolors, Inc.; Reserve Environmental Services Inc.; RMI Titanium 
Company; The Sherwin-Williams Company; Union Carbide Corporation; and 
Viacom International (f/k/a Paramount Communications Inc.).
    The proposed Consent Decrees would resolve claims asserted by the 
United States under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607, against 26 current or former owners or operators of industrial 
facilities from which there have been releases or threatened releases 
of hazardous substances at the Fields Brook site (the ``Site'') in 
Ashtabula, Ohio. The Decrees also resolve claims asserted and that 
could have been asserted against certain Federal Agencies that owned or 
operated facilities at the Site.
    Pursuant to the first proposed consent decrees (the ``RD/RA 
Decree''), a group of Settling Defendants will implement EPA's selected 
remedies for two operable units, known as the Sediment Operable Unit 
(SOU) and the Floodplains/Wetlands Area Operable Unit (FWA). The 
estimated cost of this remaining Site work is approximately $30 
million. In addition, this consent decrees provide for various Settling 
Defendants and Settling Federal Agencies to pay all costs to be 
incurred by EPA in overseeing implementation of the SOU and FWA work 
(estimated at $1 million), and to pay approximately $2.4 million in 
unreimbursed response costs of the United States at this Site. This 
proposed decree also provides for recovery of $840,000 in damages for 
injuries to natural resources at the Site.
    The second proposed consent decree will settle the claims asserted 
against ADM at the Site. Pursuant to this decree (the ``ADM Decree''), 
ADM will pay $700,000 in unreimbursed response costs of the United 
States at the Site and the recovery of $10,000 in damages for injury to 
natural resources at 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 
Decrees. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, D.C. 20530, and should refer to, United States v. 
GenCorp Inc. et al, Civil Action No. 5:89-CV-1866 and D.J. Ref. #90-11-
2-210A and 90-11-2-210C.
    The Decrees may be examined at the United States Department of 
Justice, Environment and Natural Resources Division, Denver Field 
Office, 999 18th Street, North Tower Suite 945, Denver, Colorado, 80202 
and U.S. EPA Region V, 77 West Jackson Boulevard, Chicago, IL 60604 and 
at the Consent Decree Library, 1120 G Street, N.W., 3rd Floor, 
Washington, D.C. 20005, (202) 624-0892. A copy of the Decrees may be 
obtained in person or by mail from the

[[Page 28512]]

Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005. In requesting a copy, please enclose a check in the amount 
of $30.75 for the RD/RA Decree without appendices; $119.75 for the RD/
RA Decree with appendices; $7 for the ADM Decree without appendices; 
and $12.00 for the ADM Decree with appendices (25 cents per page 
reproduction cost) payable to the Consent Decree Library. please 
specify which Decree, with or without appendices, you would like.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-13402 Filed 5-25-99; 8:45 am]
BILLING CODE 4410-15-M