[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Notices]
[Pages 9451-9452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5153]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that a proposed Consent Decree in United
States of America v. David Bowen Wallace, et al., Civil Action No. 3-
93CV0838-P (consolidated with No. C:93-CV-0841-G) among the United
States, the State of Texas, CTU of Delaware, Inc. (``CTU''), and the
United Technologies Corporation (``UTC'') was lodged on February 18,
1997, with the United States District Court for the Northern District
of Texas, Dallas Division.
On April 30, 1992, the United States and the State of Texas filed
Complaints under Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9607,
as amended (``CERCLA'') against more than seventy defendants, including
CTU and UTC, for reimbursement of response costs incurred and to be
incurred by the United States and the State of Texas for response
actions related to the release or threatened release of hazardous
substances at the Bio-Ecology Superfund Site (``Site'') in Grand
Prairie, Texas. The remediation of the Site was successfully completed
in April 1993.
Under the proposed Consent Decree, CTU and UTC have agreed to pay
the EPA Hazardous Substances Superfund $1,600,000 or 14% of the
$11,201,300 in response costs incurred at the Site. The Consent Decree
resolves the liability of CTU and UTC subject to the reservations of
rights set forth in the Consent Decree. As part of the Consent Decree,
CTU and UTC have agreed to dismiss any remaining counterclaims against
the United States, including those against EPA. When the payment by CTU
and UTC is combined with the payments already received from previous
settlement agreements, the United States will have recovered
$10,642,842 or 95% of the total response costs 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, D.C. 20530, and should refer to
United States of America v. David Bowen Wallace et al., DOJ No. 90-11-
3-204A.
The proposed Consent Decree may be examined at the Office of the
United States Attorney, United States Courthouse, 1100 Commerce Street,
Room 16G28, Dallas, Texas 75242; the Region VI Office of the
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202;
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 in
[[Page 9452]]
the amount of $7.00 (25 cents per page), payable to the Consent Decree
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 97-5153 Filed 2-28-97; 8:45 am]
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