[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Notices]
[Page 62108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29435]



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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7 and 42 
U.S.C. 9622(d)(2), notice is hereby given that a proposed consent 
decree in United States v. Brandywine Chemical Company, Civil Action 
No. 95-699, was lodged on November 9, 1995, with the United States 
District Court for the District of Delaware. A complaint was filed 
simultaneously with the lodging of the consent decree.
    The consent decree pertains to the Halby Chemical Site (``Site''), 
located in New Castle County, Delaware. Based on EPA's assessment of 
the present inability of Brandywine Chemical Company (``BCC''), the 
current Site owner/operator, to pay a substantial portion of response 
costs, the proposed consent decree requires BCC to: (1) Make a $10,000 
payment to the United States within 120 days after entry of the consent 
decree; (2) pay 75% of the Fair Market Value (``FMV'') of the BCC 
property to the United States between 5 and 10 years from the date EPA 
certifies that the response actions are complete; (3) pay to the United 
States 50% of its cash as reported in its Federal Income Tax Return for 
the year its property is sold or a FMV payment is made; (4) pay the 
expenses necessary to retain title to the BCC property until the 
obligations of the consent decree are satisfied; (5) remove and dispose 
of all bulk chemicals stored in tanks at the Site within 90 days of the 
signing of the consent decree; and (6) cease its operations at the 
Site.
    The consent decree includes a covenant not to sue by the United 
States under Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. 
(``CERCLA), and under Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973.
    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. Brandywine Chemical Company, DOJ Ref. #90-11-2-719A. 
Commentors may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, District of Delaware, Chemical Bank Building, 
Suite 1100, 1201 Market Street, Wilmington, Delaware, 198909-2046; 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 $8.75 (25 cents per page reproduction costs), 
for each copy. The check should be made payable to the Consent Decree 
Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-29435 Filed 12-1-95; 8:45 am]
BILLING CODE 4410-01-M