[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Notices]
[Pages 41077-41078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20197]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    In accordance with Departmental policy, 28 CFR 50.7 and pursuant to 
section 122 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is hereby given 
that a proposed Consent Decree in United States v. Akzo Nobel Coatings, 
Inc., et al, Civil Action No. 97-1565-CIV-T-24E, was lodged on June 20, 
1997, with the United States District Court for the Middle District of 
Florida, Tampa Division.
    This case concerns the Bay Drums Superfund Site, located in north 
central Hillsborough County, on State Road 574, in Tampa, Florida (the 
``Site''). In 1986, the Peak Oil and Bay Drums Superfund Sites were 
jointly placed on the national Priorities List as a result of the 
release or threatened release of hazardous substances. Pursuant to 
Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607, 
the Complaint in this action seeks recovery of past and future costs 
incurred and to be incurred by the United States with respect to the 
Site, and injunctive relief for the Site, namely, implementation of the 
source control remedy selected by EPA in Record of Decision (``ROD'') 
for the Peak Oil/Bay Drums Operable Unit (``OU'') Three, dated March 
31, 1993. The ROD provides for excavation of approximately 16,500 cubic 
yards of contaminated soils and sediments at the Site, backfilling of 
those excavated areas with clean fill, solidification and stabilization 
of contaminated soils and sediments, disposal of the solidified 
material above the water table, installation of a low permeability cap 
over the solidified material, disposal of shingle debris. The Settling 
Defendants and Settling Federal Agencies have agreed in the proposed 
Consent Decree to perform the remedy selected by EPA for OU Three. 
Settling Defendants have also agreed to pay the United States 
$3,275,522.02 for past response costs incurred with respect to the 
Site, and to reimburse future costs associated with implementation of 
the Consent Decree.
    The Consent Decree includes a covenant not to sue by the United 
States under sections 106 and 107 of CERCLA and under Section 7003 of 
the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
    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. Akzo Nobel Coatings, Inc, et al., DOJ Ref. 
90-11-2-897(D). Commenters may request an 
opportunity for a public meeting in

[[Page 41078]]

the affected area, in accordance with Section 7003(d) RCRA.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney, Middle District of Florida, 500 Zack St. Room 
410, Tampa, Florida 33602; the Office of the United States 
Environmental Protection Agency, Region 4, 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 in the amount of $57.75 (25 cents per page reproduction 
costs), payable to the Consent Decree Library for a copy of the Consent 
Decree with attachments or a check in the amount of $43.00, for a copy 
of the proposed Consent Decree without those attachments.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-20197 Filed 7-30-97; 8:45 am]
BILLING CODE 4410-15-M