[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26294]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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DEPARTMENT OF JUSTICE
 

Notice of Lodging of Consent Decree Pursuant to the Resource 
Construction and Recovery Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Eastman 
Kodak Company, Civ. No. 94-CV-6503T, was lodged on October 7, 1994, in 
the United States District Court for the Western District of New York. 
The consent decree settles an action commenced in a complaint filed 
October 7, 1994, under the Resource Conservation and Recovery Act, 42 
U.S.C. Sec. 6901 et seq., arising out of operations at the Kodak Park 
facility in Rochester, New York, the principal manufacturing facility 
of the Eastman Kodak Company. The Eastman Kodak Company is one of the 
25 largest companies in the United States, and is engaged primarily in 
developing, manufacturing and marketing imaging products, information 
systems, and health and chemical products.
    The primary allegations in the Complaint concern Kodak's failure to 
make hazardous waste determinations, the deteriorated condition of 31 
miles of industrial sewers at Kodak Park, and an unpermitted wastewater 
sludge incinerator. The Complaint also includes claims concerning an 
illegal waste pile, violation of notice requirements regarding 
treatment standards for hazardous wastes, violations of the 
requirements of Kodak Park's RCRA Permit, non-disclosure of certain 
hazardous waste management units, failure to properly close several 
underground storage tanks, and one violation of Section 104(e) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. Sec. 9604(e), for failure to timely respond to 
an information request letter.
    Under the Consent Decree, Kodak will pay a civil penalty to the 
United States of $5 million. Up to $3 million in additional civil 
penalties may be offset by Kodak through the implementation of six 
Supplemental Environmental Projects (``SEPS'') with a present value of 
$12 million. These SEPs are pollution prevention projects that go above 
and beyond the requirements of the law, and will result in significant 
hazardous waste reduction at Kodak Park.
    The Consent Decree also provides for substantial injunctive relief 
to bring Kodak Park into compliance with the environmental law. Under 
the agreement, Kodak will inspect, repair and upgrade the estimated 31 
miles of aging industrial sewers at the site, upgrade and obtain a 
permit for a wastewater sludge incinerator, and take steps to properly 
characterize hazardous wastes generated at the site and to reduce their 
emission to the environment.
    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. Eastman Kodak Company, DOJ Ref. #90-7-1-646.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Federal Center, 138 Delaware Avenue, Buffalo, 
New York; the Region II Office of the Environmental Protection Agency, 
26 Federal Plaza, New York, New York; and at the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, (202) 
624-0892. A copy of the proposed consent degree 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 made payable to the Consent 
Decree Library in the amount of $22.50 (25 cents per page reproduction 
costs for the Consent Decree and Attachments A, B, and C, thereto, but 
not including technical exhibits).
Bruce S. Gelber,
Acing Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 94-26294 Filed 10-21-94; 8:45 am]
BILLING CODE 4410-01-M