[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Unknown Section]
[Page 20760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10313]



[[Page 20760]]

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980

    In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. 
Sec. 9622(d)(2), notice is hereby given that on April 17, 1995, a 
Consent Decree in United States v. Hercules, et al., Civil Action No. 
89-562-SLR, was lodged with the United States District Court for the 
District of Delaware and the United States Bankruptcy Court for the 
District of Delaware.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, filed a third amended complaint against the thirty-one 
defendants who are signatories to the Consent Decree under Section 106 
and 107 of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. Secs. 9606 
and 9607, with respect to the Delaware Sand & Gravel Superfund Site 
(``DS&G Site'') located in New Castle County, Delaware. Under the 
Consent Decree, Defendants have agreed to perform the remedy selected 
by EPA under CERCLA for the Site, as defined in the Consent Decree, 
which involves soil vapor extraction/bioremediation of contaminated 
soils at the DS&G Site. Defendants have also agreed to reimburse DPA 
for past response costs in the amount of $4,328,335.35 and the state of 
Delaware in the amount of $196,644.45, and reimburse the United States 
for various future response costs, including the costs of oversight of 
the remedial action to be performed under the Consent Decree and all 
costs of enforcement by the Department of Justice after April 1988.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Hercules, et al., Civil Action No. 89-562-SLR, Ref. 
No. 90-11-2-298. The proposed Consent Decree may be examined at the 
office of the United States Attorney, District of Delaware, Chemical 
Bank Plaza, 1201 Market Street, Suite 100, Wilmington, Delaware 19899. 
Copies of the Consent Decree may also be examined and obtained by mail 
at the Consent Decree Library, 1120 G Street, N.W., 4th Floor, 
Washington, D.C. 20005 (202-624-0892) and the offices of the 
Environmental Protection Agency, Region III, 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107. When requesting a copy of the 
settlement agreement by mail, please enclose a check in the amount of 
$33.00 (twenty-five cents per page reproduction costs) payable to the 
``Consent Decree Library.''
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-10313 Filed 4-26-95; 8:45 am]
BILLING CODE 4410-01-M