[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)]
[Notices]
[Page 332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-83]


[[Page Unknown]]

[Federal Register: January 4, 1994]


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DEPARTMENT OF JUSTICE

 

Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation Act and the Comprehensive Environmental Response, 
Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. 
Environmental Pacific Corp., Civil Action No. 91-771-AS was lodged on 
December 17, 1993, with the United States District Court for the 
District of Oregon. The Consent Decree settles all claims with the two 
defendants, Environmental Pacific Corporation (EPC) and Richard Hill.
    The original complaint in this action was brought against EPC 
pursuant to Section 3008(h) of the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6928(h), seeking an order that EPC perform 
corrective action at its facility in Amity, Oregon to clean up 
hazardous constituents that had been released into the environment. EPC 
operated a hazardous waste treatment, storage or disposal facility in 
Amity, where EPC handled primarily spent batteries, electroplating 
wastewater treatment sludge, and other allegedly recyclable materials 
containing plastics and metals.
    In an amended complaint, the United States added claims against EPC 
and Richard Hill, the President of EPC while the company was in 
operation, pursuant to 40 CFR 268.50 for improper storage of F006 
electroplating wastes and mercury, which are wastes restricted from 
land disposal under RCRA. The amended complaint also included a claim 
against Richard Hill under section 104(e) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(CERCLA), 42 U.S.C. 9604(e), for failure to timely respond to 
information requests that EPA had sent to Mr. Hill.
    As set forth in the consent decree, Settling Defendants shall pay 
$113,055.30 towards past response costs incurred during a removal 
action performed by EPA pursuant to its authority under section 104 of 
CERCLA, 42 U.S.C. 9604, at the EPC facility. Settling Defendants shall 
also pay $60,163.00 which will be used for performing sampling and 
analysis and groundwater monitoring outside of the boundaries of the 
EPC facility.
    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 20530, and should refer to United 
States v. Environmental Pacific Corp., DOJ Ref. #90-7-1-608.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 312 U.S. Courthouse, 620 SW Main Street, 
Portland, Oregon 97205; the Region 10 Office of EPA, 7th Floor Records 
Center, 1200 Sixth Avenue, Seattle, WA 98101; and at the Consent Decree 
Library, 1120 G Street, NW., 4th 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., 
4th Floor, Washington, DC 20005. In requesting a copy please refer to 
the referenced case and enclose a check in the amount of $6.75 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-83 Filed 1-3-94; 8:45 am]
BILLING CODE 4410-01-M