[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6726]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF JUSTICE
 

Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, the 
Arkansas Solid Waste Management Act, the Arkansas Hazardous Waste 
Management Act and the Arkansas Remedial Action Trust Fund Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a Consent Decree in United States v. Vertac Chemical 
Corporation, et al., Civil Action No. LR-C-80-109 and Arkansas 
Department of Pollution Control & Ecology v. Vertac Chemical 
Corporation, et al., Civil Action No. LR-C-80-110 (E.D. Ark.), was 
lodged with the United States District Court for the Eastern District 
of Arkansas on February 15, 1994.
    The proposed Consent Decree concerns alleged violations of section 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9607, as a result of the 
release or threatened release of hazardous substances at the Vertac 
Superfund Site in Jacksonville, Pulaski County, Arkansas. Both suits 
involve allegations that the United States, on behalf of the Department 
of Defense, is liable for a portion of the response costs incurred in 
connection with the Site by the Environmental Protection Agency and the 
State of Arkansas.
    The Consent Decree requires the United States, on behalf of the 
Department of Defense, to pay a total of $1,900,000 as reimbursement of 
past and future response costs. Of that amount, $1,000,000 will be paid 
into the EPA Hazardous Substances Superfund, $400,000 will be paid to 
the State of Arkansas, and $500,000 will be paid to the Vertac Chemical 
Company. The $1,000,000 to be paid into the Superfund will be paid on 
behalf of the State of Arkansas and shall constitute a credit for the 
State's share of response costs at the Site if, pursuant to CERCLA 
section 104(c)(3), 42 U.S.C. 9604(c)(3), the State is required to pay 
or assure payment of at least 10 percent of the government-conducted 
remedial action at the Site. If the State is not responsible for 10 
percent of the costs, the funds, or any portion thereof remaining, 
shall be retained by the Superfund.
    The Department of Justice will receive written comments relating to 
the Consent Decree for a period of 30 days from the date of publication 
of this notice. Comments should be addressed to John A. Sheehan, 
Esquire, U.S. Department of Justice, Environmental Defense Section, 
P.O. Box 23986, Washington, DC 20026-3986, and should refer to United 
States v. Vertac Chemical Corporation, et al., Civil Action No. LR-C-
80-109 (E.D. Ark.) (and consolidated case).
    The Consent Decree may be examined at the Clerk's Office, United 
States District Court for the Eastern District of Arkansas (Western 
Division), United States Courthouse and Post Office, 600 West Capitol 
Street, Little Rock, Arkansas 72201.
Lois J. Schiffer,
Acting Assistant Attorney General, Environment & Natural Resources 
Division.
[FR Doc. 94-6726 Filed 3-22-94; 8:45 am]
BILLING CODE 4410-01-M