[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Notices]
[Pages 15196-15197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8213]


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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 CFR 50.7, notice is 
hereby given that on March 21, 1997, the United States lodged a 
proposed Consent Decree in State of Washington versus United States, 
No. C94-5326 (W.D. Wash.), with the United States District Court for 
the Western District of Washington. The Consent Decree resolves civil 
claims filed by the United States against PACCAR, Inc. (``PACCAR'') 
under Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (``CERCLA''), as amended, 42 
U.S.C. Secs. 9606 & 9607, to compel PACCAR to undertake cleanup 
activities at the Wyckoff/Eagle Harbor Superfund Site (``the Site''), 
located at Bainbridge Island, Kitsap County, Washington, and to recover 
from PACCAR costs incurred by the United States in response to releases 
of hazardous substances at the Site. The Consent Decree also resolves 
PACCAR's contribution claims against the United States under Sections 
107 and 113 of CERCLA, 42 U.S.C. Sec. 9613, relating to the Site.
    Extensive areas of the harbor's bedlands, as well as areas of the 
harbor's uplands, are contaminated with a variety of hazardous 
substances associated with the past operations of a shipyard and a wood 
treating facility at the harbor. Under the Consent Decree, PACCAR will 
implement the major components of EPA's selected remedy for the West 
Harbor Operable Unit (``WHOU'') of the Site. The estimated value of 
PACCAR's cleanup work is $4.8 million. The Decree also requires PACCAR 
to pay $100,000 towards costs EPA expects to incur overseeing work 
performed by PACCAR, and to pay 45% of any cost overruns, and 45% of 
any unanticipated additional response actions required to achieve the 
goals of the environmental cleanup of the WHOU.
    The Consent Decree requires the United States, on behalf of the 
United States Navy, Army, Coast Guard, Coast & Geodetic Survey and 
Maritime Administration, to pay $4.8 million towards EPA's eventual 
cleanup of the East Harbor Operable Unit of the Site (``EHOU''), and 
$100,000 towards expected EPA WHOU oversight costs. The United States, 
on behalf of these federal agencies, has also agreed to pay 40% of any 
cost overruns, and 40% of any unanticipated additional response actions 
required to achieve the goals of the environmental cleanup of the WHOU.
    The Consent Decree resolves PACCAR's liability to the United States 
under Sections 106 and 107 of CERCLA, and the United States' liability 
to PACCAR under Sections 107 and 113 of CERCLA, for all costs either 
party has incurred or may incur in response to releases of hazardous 
substances at the Site. The Consent Decree does not address the United 
States' pending claims against the State of Washington under Sections 
106 and 107 of CERCLA relating to the Site, or the State's claims 
against the United States for contribution under Sections 107 and 113 
of CERCLA relating to the Site.
    In order to allow the Department of Justice to evaluate public 
comments in time to avoid delaying the clean up work required by the 
Consent Decree, the Department must receive all comments by April 22, 
1997. Accordingly, the Department of Justice will receive, until and 
including that date, comments relating to the proposed Consent Decree. 
Comments should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, U.S. Department of Justice, 
950 Pennsylvania Ave., N.W., Washington, D.C. 20530, and should refer 
to State of Washington versus United States, DOJ Ref. #90-7-1-525b.

[[Page 15197]]

    The proposed Consent Decree may be examined at the office of the 
United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 800 Fifth 
Avenue, Seattle, Washington 98104; the Region 10 Office of the 
Environmental Protection Agency, 1200 Sixth Avenue, Seattle, 
Washington, 98105; 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 Settlement Agreement 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 the amount of $19.25 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, United States 
Department of Justice.
[FR Doc. 97-8213 Filed 3-28-97; 8:45 am]
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