[Federal Register: July 15, 1999 (Volume 64, Number 135)]
[Notices]               
[Page 38217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy99-92]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Degree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 1, 1999, the United States 
filed a proposed Consent Decree in United States v. Waste Management 
Disposal Services of Pennsylvania, Inc., Civ. Action No. 99CV3351 (E.D. 
Pa.), in the United States District Court for the Eastern District of 
Pennsylvania.
    The United States' claims resolved by the Decree are described in a 
Complaint filed contemporaneously with the Decree, and pertain to the 
Elizabethtown Landfill Superfund Site in Lancaster County, 
Pennsylvania. The Complaint seeks: (1) An injunction, pursuant to 
section 106(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9606(a), to 
implement EPA's Record of Decision for the Site, (2) the recovery of 
EPA's past costs under Section 107 of CERCLA, 42 U.S.C. 9607; and (3) a 
declaratory judgment on the Defendants' liability for future costs 
under Section 113(g)(2) of CERCLA.
    The Consent Decree resolves the United States' claims against the 
current owner of the Site, Waste Management Disposal Services of 
Pennsylvania, Inc., and other Defendants namely AMP, Inc., Furnvial 
Machinery Company, New Standard Corporation, and Wyeth-Ayerst 
Laboratories (collectively, the ``Settling Defendants''), who allegedly 
sent materials containing hazardous substances to the Elizabethtown 
Site. The Decree requires the Settling Defendants to perform the 
Remedial Design and Remedial Actions necessary to implement EPA's 
Record of Decision, and to reimburse EPA for some of its past and 
future costs. In return, the Settling Defendants will obtain: (1) 
Protection from contribution actions by other responsible parties; (2) 
covenants not to sue from the United States; (3) forgiveness of almost 
$1 million of EPA past costs; (4) roughly $1.1 million in preauthorized 
mixed funding from EPA; and (5) roughly $781,000 of the funds collected 
by EPA to date from other settlements with parties contributing only 
small amounts of hazardous substances to the Site. The Decree is also 
based on the EPA's 1995 Model RD/RA consent decree.
    EPA estimates the remedy to be implemented by the Settling 
Defendants will cost roughly $26 million. The Consent Degree and EPA's 
Record of Decision provide, however, that the Settling Defendants may 
not have to implement ground water and surface water treatment portion 
of the remedy if they can demonstrate to EPA that the groundwater and 
surface water cleanup levels can be met, within a reasonable time, 
without such treatment. This contingent remedy is estimated to cost no 
more than $16 million. The Settling Defendants have also agreed to 
immediately begin the remedial design work called for in the Record of 
Decision, pursuant to an Administrative Order on Consent.
    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 of the Environmental and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Waste Management Disposal Services of Pennsylvania, Inc., DOJ 
Ref. 90-11-2-1097A.
    The proposed consent decree may be examined at either U.S. EPA 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029, or 
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 Consent Decree Library, 1120 G 
Street, NW, 3rd Floor, Washington, DC 20005. In requesting a copy, 
please enclose a check in the amount of $26.50 (25 cents per page 
reproduction cost) payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc 99-18086 Filed 7-14-99; 8:45 am]
BILLING CODE 4410-15-M