[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