[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Notices]
[Pages 1900-1901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-796]


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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 C.F.R. Sec. 50.7, and 
Section 122(d)(2) of CERCLA, 42 U.S.C. Sec. 9622(d)(2), notice is 
hereby given that a proposed consent decree in United States v. Alpert 
Iron & Metal Corp. et al., Civil Action No. CV-97-AR-0001-S was lodged 
on January 2, 1997, with the United States District Court for the 
Northern District of Alabama, Southern Division. This agreement 
resolves a judicial enforcement action brought by the United States, 
pursuant to Sections 106(a) and 107 of CERCLA, 42 U.S.C. Secs. 9606(a) 
and 9607, against a group of potentially responsible parties 
(``Settlors'') who by contract, agreement or otherwise arranged for 
disposal or treatment, or arranged with a transporter for transport for 
disposal or treatment, of hazardous substances at the Interstate Lead 
Company Superfund Site (``Site'' or ``ILCO Site'') in Leeds, Jefferson 
County, Alabama. The Consent Decree also provides a covenant not to sue 
under Section 7003(d) of the Resource Conservation and Recovery Act 
(``RCRA'') 42 U.S.C. Sec. 6973.
    The Site is comprised of a former battery recycling and smelter 
facility (``the ILCO facility''), and several Satellite Sites where 
furnace slag was taken. Furnace slag is a byproduct of the Site 
smelting operations. The Satellite Sites included the adjacent parking 
lot, the City of Leeds landfill, and properties owned by a gas station, 
a church, a resident, a restaurant, and a local business.
    Under the consent decree, the Settlors have agreed to pay 
$1,823,644 of the government's past response costs, and all future 
response costs of the government in excess of $300,000. The Settlors 
have also agreed to implement the Site remedy as set forth in Records 
of Decision (``RODs'') dated September 30, 1991, October 13, 1994, 
September 25, 1995, and August 27, 1996. The selected remedy provides 
for the excavation of contaminated soils and sediment, treatment by 
soil solidification/stabilization, and disposal in an appropriate, 
permitted landfill. Contaminated groundwater at the ILCO facility and 
the City of Leeds landfill will be pumped and treated. Groundwater 
monitoring will be conducted at the other Satellite Sites, with annual 
sediment and biota monitoring along a nearby creek and tributary 
thereto.
    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. Alpert Iron & Metal Corp. et al., DOJ Ref #90-11-2-
108D. Commenters 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, 200 Federal Building, 1800 Fifth Avenue North, 
Birmingham, AL 35203; 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, N.W., 4th Floor, 
Washington, D.C. 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, N.W., 4th Floor, Washington, D.C. 20005. In 
requesting a copy please refer to the referenced case and enclose a 
check for the reproduction costs. If you want a copy of the Consent 
Decree without attachments, which attachments include the RODs, 
Statement of Work, and list of Settlors, then the amount of the check 
should be $29.25 (117 pages at 25 cents per page). If you want a copy 
of the Consent Decree with the above stated

[[Page 1901]]

attachments, then the amount of the check should be $106.75 (427 pages 
at 25 cents per page). The check should be made payable to the Consent 
Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-796 Filed 1-13-97; 8:45 am]
BILLING CODE 4410-15-M