[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Notices]
[Page 37078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17655]



-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Under the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
Amended

    Notice is hereby given that two consent decrees in United States v. 
U.S. Ecology, Inc., et al., Civ. Act. No. 95-58, were lodged with the 
United States District Court for the Eastern District of Kentucky on 
June 5, 1995. These consent decrees resolve claims by and against the 
United States arising under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended, 42 U.S.C. 9606 and 9607, relating to the release and 
threatened release of hazardous substances at the Maxey Flats Disposal 
Site (the ``Site'') in Fleming County, Kentucky. The United States 
filed a complaint against the settling private parties and settling 
state parties simultaneously with the lodging of the consent decrees.
    One consent decree, called the ``De Maximus Consent Decree,'' 
provides for the design and implementation of a remedy for the Site 
selected in 1991 by the United States Environmental Protection Agency 
(``EPA'') and for the reimbursement of $5.313 million in response costs 
incurred by EPA. Generally, the remedy requires the removal of leachate 
from the disposal trenches, the installation of a cap to prevent water 
from infiltrating the disposal trenches, and continual maintenance and 
supervision to ensure the safety of the site. The parties to the De 
Maximus Consent Decree are the United States, including EPA, the United 
States Air Force, the United States Army, the United States Navy, the 
United States Department of Defense, the United States Department of 
Energy, the National Institute of Health, and NASA; the Commonwealth of 
Kentucky; and forty three private parties.
    The second consent decree, called the ``De Minimis Consent 
Decree,'' provides for the reimbursement of costs incurred by the 
United States and certain private parties in responding to the release 
and threatened release of hazardous substances at the Site. The parties 
to the De Minimis Consent Decree are the United States, including EPA, 
the Department of the Interior, the National Institute of Mental 
Health, the National Institute for Standards & Testing, NIOSH, 
Smithsonian Institute, U.S. Bureau of Mines, U.S. Department of 
Agriculture, U.S. Food & Drug Administration, U.S. Geological Survey, 
U.S. Public Health Service, and the Veterans Administration Hospital; 
and 391 private and state entities.
    The Department of Justice will receive comments relating to the 
proposed consent decrees for a period of 30 days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, 10th and Pennsylvania Avenue, N.W., Washington, D.C. 20530. 
All comments should refer to United States v. U.S. Ecology, Inc., et 
al., DOJ Ref. Nos. 90-11-2-211A and 90-11-3-195.
    The proposed consent decrees may be examined at the office of the 
United States Attorney, 513 Madison Avenue, Covington, Kentucky 41011. 
A copy of the proposed consent decrees may be obtained in person or by 
mail from the Consent Decree Library, 1120 ``G'' Street, N.W., 4th 
Floor, Washington, D.C. 20005. When requesting a copy of the De Maximus 
Consent Decree, please refer to the referenced case and enclose a check 
in the amount of $237.50 (25 cents per page copying cost), payable to 
the Consent Decree Library. When requesting a copy of the De Minimis 
Consent Decree, please refer to the referenced case and enclose a check 
in the amount of $101.00 (25 cents per page copying cost).
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-17655 Filed 7-18-95; 8:45 am]
BILLING CODE 4410-01-M