[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1515]


[[Page Unknown]]

[Federal Register: January 24, 1994]


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DEPARTMENT OF JUSTICE

 

Lodging of Consent Decree and Lodging of First Amendment to 
Consent Decree Pursuant to Superfund (CERCLA)

    In accordance with Section 122(d) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended, 42 
U.S.C. 9622(d), and the policy of the United States Department of 
Justice, as provided in 28 CFR 50.7, notice is hereby given that on 
December 16, 1993, a proposed Consent Decree in United States v. Ciba-
Geigy Corporation, Civ. No. 93-1015-AH5, was lodged with the United 
States District Court for the Southern District of Alabama. This 
Consent Decree concerns Operable Unit Four of the Ciba-Geigy 
Corporation manufacturing plant site (``the Site'') adjacent to the 
Tombigbee River near McIntosh, Alabama. Pursuant to Sections 106 and 
107(a) of CERCLA, the Complaint in this action seeks recovery of past 
response costs incurred by the United States at the entire Site, future 
response costs in connection with the proposed Decree, and injunctive 
relief for Operable Unit No. 4 (``OU4''). OU4 consists of 128,000 cubic 
yards of contaminated soils at a former waster management unit (the 
``Bluffline Area'') at the Site. Ciba-Geigy has agreed in the proposed 
Consent Decree to: (1) perform the selected remedy for OU4, which 
includes excavation and remediation of the contaminated soils, at a 
total estimated cost of $25 million, and (2) reimburse the United 
States for all of its outstanding past response costs incurred at the 
Site not covered under a previous Consent Decree for OU2, and for all 
of its future response and oversight costs incurred in connection with 
OU4 and this Decree.
    In addition, notice is also hereby given that on December 16, 1993, 
a proposed First Amendment to Consent Decree in United States v. Ciba-
Geigy Corporation, Civil No. 92-0742-AH-C, was lodged with the United 
States District Court for the Southern District of Alabama. This First 
Amendment concerns a modification to the Financial Assurances 
provisions of the Consent Decree for Operable Unit Two of the Ciba-
Geigy Corporation Site, entered on November 18, 1992.
    The Department of Justice will receive on or before February 23, 
1994 comments concerning the proposed Consent Decree and proposed First 
Amendment to Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, 
Washington, DC 20044. For the Consent Decree, comments should refer to 
United States v. Ciba-Geigy Corporation (Operable Unit 4 of Ciba-Geigy 
McIntosh, Alabama Site), D.J. Ref. 90-11-2-781A. For the First 
Amendment to Consent Decree, comments should refer to United States v. 
Ciba-Geigy Corporation (Operable Unit 2 of Ciba-Geigy McIntosh, Alabama 
Site), D.J. Ref. 90-11-2-781.
    The proposed Consent Decree and First Amendment to Consent Decree 
may be examined at any of the following offices: (1) The Office of the 
United States Attorney for the Southern District of Alabama, U.S. 
Courthouse, 113 St. Joseph Street, Mobile, Alabama; (2) the U.S. 
Environmental Protection Agency, Region 4, 345 Courtland Street, NE., 
Atlanta, Georgia; and (3) the Consent Decree Library, 1120 G Street, 
NW., 4th floor, Washington, DC 20005 (telephone (202) 624-0892). Copies 
of the proposed Consent Decree and First Amendment to Consent Decree 
may be obtained by mail from the Consent Decree Library, 1120 G Street, 
NW., 4th floor, Washington, DC 20005. For a copy of the Consent Decree 
with attachments (Record of Decision, Statement of Work and Site map) 
please enclose a check for $57.00 ($.25 per page reproduction charge) 
payable to ``Consent Decree Library.'' For a copy of the Consent Decree 
without those attachments please enclose a check for $20.50 ($.25 per 
page reproduction charge) payable to ``Consent Decree Library.'' For a 
copy of the First Amendment to Consent Decree, please enclose a check 
for $2.25 ($.25 per page reproduction charge) payable to ``Consent 
Decree Library.''
John C. Cruden,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 94-1515 Filed 1-21-94; 10:00 am]
BILLING CODE 4410-01-M