[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Notices]
[Page 64367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30894]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the
Comprehensive, Environmental Response, Compensation and Liability Act
(``CERCLA'')
In accordance with Departmental policy, 28 CFR 50.7, and Section
122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), notice is hereby given that
a proposed consent decree in United States v. Harris Corporation, Civil
Action No. 96-1237-CIV-ORL-19 was lodged on November 20, 1996, with the
United States District Court for the Middle District of Florida. This
agreement resolves a judicial enforcement action brought by the United
States against Harris Corporation (``Harris'') pursuant to Sections
106(a) and 107 of CERCLA, 42 U.S.C. 9606(a) and 9607. The United States
seeks recovery of response costs and injunctive relief in order to
remedy conditions in connection with the release or threatened release
of hazardous substances into the environment at and from Operable Unit
Two (``OU2'') of the Harris Corporation/Palm Bay facility Superfund
Site (``Site''). The Site is located in Palm Bay, Brevard County,
Florida.
The Site facility is divided into two major operating business
units: The Semiconductor Sector to the north and Electronics Systems
Sector to the south. For purposes of investigation, EPA divided the
contamination at the Site into two operable units, with the first
operable unit (``OU1'') to address contamination in the groundwater
underlying the Electronic Systems Sector. The second operable unit
(``OU2'') addresses the soils, sediment, and surface water throughout
the Site, and the groundwater underlying the Semiconductor Sector. The
Court entered a Consent Decree on October 25, 1991, and an Amendment to
Consent Decree on June 1, 1993, in Civil Action No. 91-624-CIV-ORL-19,
with respect to OU1.
EPA selected a remedy for OU2 which it set forth in a Record of
Decision (``ROD'') executed on February 15, 1995, and modified by an
Explanation of Significant Differences (``ESD'') executed on December
8, 1995. In the ROD, EPA selected a groundwater remedy which includes
continued operation of the existing groundwater recovery and treatment
system, conversion of existing recovery well SC-TS4 to a monitoring
well, the addition of a new 40-foot monitoring well on the southwestern
portion of OU2, and continued groundwater monitoring until all
performance standards are met. EPA selected a No-Action remedy for the
soils, sediment, and surface water throughout the entire site, as no
hazardous substances were detected in any of these media above the
appropriate action level.
The consent decree requires Harris to perform this remedy as set
forth in the ROD for OU2. Harris also agreed to pay $112,000 in past
response costs incurred by the United States at OU2, and to pay future
response costs which the United States will incur at the Site.
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. Harris Corporation, DOJ Ref #90-11-2-1137.
The proposed consent decree may be examined at the office of the
United States Attorney, 201 Federal Building, 80 North Houghey Avenue,
Orlando, Florida 32801; the Region 4 office of the Environmental
Protection Agency, 100 Alabama Street, S.W., Atlanta, Georgia 30303;
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 please refer to the referenced case and enclose a
check for the reproduction costs. If you request a copy of the Consent
Decree without attachments, which attachments include the ROD,
Statement of Work, and ESD, then the amount of the check should be
$19.75 (79 pages at 25 cents per page). If you request a copy of the
Consent Decree with the above stated attachments, then the amount of
the check should be $39.75 (159 pages at 25 cents per page). The check
should be made payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 96-30894 Filed 12-3-96; 8:45 am]
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