[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Pages 36081-36082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17311]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act
In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR
19029, and 42 U.S.C. Sec. 9622(d), notice is hereby given that on June
24, 1996, a proposed Consent Decree was lodged with the United States
District Court for the Western District of Washington, United States v.
ASARCO Inc., Civil Action No. C91-5528B. The proposed Consent Decree
settles claims asserted by the United States at the request of the
United States Environmental Protection Agency (EPA) for releases of
hazardous substances at the Asarco Smelter Operable Unit of the
Commencement Bay Nearshore/Tideflats Superfund Site in Ruston and
Tacoma, Washington. The defendant in the action is ASARCO Incorporated
(Asarco). The claims of the United States on behalf of EPA are based
upon contamination of the Asarco Smelter Site. The Asarco Smelter Site
is comprised of the Asarco smelter facility, which is approximately
sixty-seven acres in size, and the adjacent twenty-three acre slag
peninsula.
In its amended complaint, the United States asserted claims against
Asarco pursuant to Sections 106 and 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as
amended, 42 U.S.C. Secs. 9606 and 9607(a), and Section 7003 of the
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sec. 6973, for
injunctive relief to abate an imminent and substantial endangerment to
public health or welfare or the environment due to the release or
threatened release of hazardous substances at the Asarco Smelter Site.
The United States also sought recovery of costs that have been and will
be incurred in response to releases and
[[Page 36082]]
threatened releases of hazardous substances at the Asarco Smelter Site,
and a declaration that Asarco is liable for such costs.
In the Consent Decree, Asarco agrees to implement the remedy set
forth in EPA's Record of Decision (ROD) for the Asarco Smelter Site
dated March 24, 1995. Asarco agrees to: (1) excavate approximately
160,000 cubic yards of soil and slag contaminated above action levels;
(2) dispose of the contaminated soil and demolition debris designated
as hazardous waste in an on-site containment facility (OCF) which meets
or exceeds regulatory standards for hazardous waste landfills; (3) cap
the entire Site with a low-permeability cap composed of layers of clean
soils, gravel and clay; (4) demolish the remaining buildings and
structures on the Site; (5) replace the entire surface water drainage
system; (6) armor portions of the plant site and slag peninsula
shoreline; (7) continue to monitor the sediments and groundwater under
an Administrative Order on Consent currently in effect; and (8) develop
and implement an enforceable program of restrictions and guidelines to
supplement the actual cleanup activities to ensure that the remedial
action remains protective and that development activities do not impact
the long-term effectiveness of the cleanup. Asarco will also reimburse
the United States for $3,081,510.00 in past response costs that the
United States has incurred relating to the Asarco Smelter Site and will
reimburse the United States for all of its future response costs at the
Site.
In exchange, Asarco will receive a covenant not to sue from the
United States with respect to the Asarco Smelter Site for claims
pursuant to Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA.
The Department of Justice will receive written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, Washington, D.C. 20530, and
should refer to United States v. ASARCO Inc., D.J. Ref. No. 90-11-2-
698A. Commenters may request an opportunity for a public meeting in the
affected area, in accordance with Section 7003 of RCRA.
The proposed Consent Decree and exhibits may be examined at the
following locations: the Region 10 Office of EPA, 7th Floor Records
Center, 1200 Sixth Avenue, Seattle, WA 98101; ASARCO Information
Center, 5311 North Commercial, Ruston, Washington 98407; the Tacoma
Public Library, Main Branch, 1102 Tacoma Avenue South, Northwest Room,
Tacoma, WA 98402; and Citizens for a Healthy Bay, 771 Broadway, Tacoma,
WA 98402. The complete Administrative Record for the Asarco Smelter
Site may be reviewed at the EPA Region 10 office in Seattle and at the
Main Branch of the Tacoma Public Library.
A copy of the Consent Decree and exhibits (if requested) may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In
requesting copies, please enclose a check in the amount of $22.75
(without exhibits) or $297.00 (with exhibits) (25 cents per page
reproduction cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 96-17311 Filed 7-8-96; 8:45 am]
BILLING CODE 4410-01-M