[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Notices]
[Pages 38575-38576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18429]



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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7 and 42 U.S.C. 
9622(d)(2), notice is hereby given that a proposed consent decree in 
United States v. Terry Shaner, et al., Civil Action No. 85-1372, was 
lodged on July 10, 1995, with the United States District Court for the 
Eastern District of Pennsylvania. A motion to file an amended complaint 
was filed simultaneously with the lodging of the Consent Decree.
    The proposed consent decree requires the current Site owners/
operators (Terry Shaner, Sr., Susan Shaner, and Terry Shaner, Jr.): (1) 
To enter into a Consent Judgment for payment of $50,000 with interest 
(over time) based on EPA's assessment of their inability to pay their 
fair share of response costs; (2) to convey a conservation easement to 

[[Page 38576]]
General Battery Corporation (the fourth signatory to the Decree and a 
major generator of waste disposed of at the Site) providing access to 
the Site, the Shaners' cooperation during the cleanup, permanent use 
restrictions on the Site and preservation of a portion of the Site as a 
permanent wilderness area; and (3) to waive any claims for Takings 
under the Fifth Amendment of the United States Constitution and claims 
for statutory relocation benefits. By signing the Decree, General 
Battery Corporation (``GBC'') has agreed: (1) To reimburse the 
Hazardous Substances Superfund in the amount of $3,000,000, (2) to pay 
$24,000 in past natural resource costs to the federal natural resources 
trustees (the National Oceanographic and Atmospheric Administration 
(``NOAA'') and the Department of Interior (``DOI'')); (3) to pay 
certain of EPA's future response costs; (4) to pay up to $10,000 of 
DOI's future costs; (5) to perform those activities required by the 
Record of Decision (``ROD'') for Operable Unit Two of the final Site 
remedy (excavating lead contaminated soil above 1000 parts per million, 
transport of the contaminated soil to GBC's off-Site innovative thermal 
treatment facility, and treatment of the deep and shallow groundwater) 
and complete those activities required by the ROD for Operable Unit One 
of the final Site remedy (constructing a fence around the property); 
and (6) to perform extensive work to protect natural resources at the 
Site as required by DOI and NOAA.
    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, D.C. 20530, and should refer to 
United States v. Terry Shaner, et al., DOJ Ref. # 90-11-3-76.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Eastern District of Pennsylvania, 615 Chestnut 
Street, Suite 1250, Philadelphia, Pennsylvania, 19106-4476; the Region 
III Office of the Environmental Protection Agency, 841 Chestnut 
Building, Philadelphia, Pennsylvania, 19107; and at the Consent Decree 
Library, 1120 G Street NW., 4th Floor, Washington, DC 20005, (202) 624-
0892. A copy of the proposed consent decree 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 of the body of the 
proposed decree, please refer to the referenced case and enclose a 
check in the amount of $41.25 (25 cents per page reproduction costs), 
for each copy. The check should be made payable to the Consent Decree 
Library. If copies of the proposed consent decree attachments are 
requested, enclose $167.25 (an additional $126.00 is required for the 
attachments).
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-18429 Filed 7-26-95; 8:45 am]
BILLING CODE 4410-01-M