[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Notices]
[Pages 44017-44018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21473]


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DEPARTMENT OF JUSTICE


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 proposed Consent Decrees in United States v. Mary Ruth Smith, et 
al., Civil Action No. C90-0232-L(R), were lodged on August 5, 1997, 
with the United States District Court for the Western District of 
Kentucky.
    This case concerns the Smith Farm Superfund Site, located in Bullit 
County, in Kentucky (the ``Site''). The Environmental Protection Agency 
(``EPA'') divided the Site into two Operable Units (``OUs'') to 
simplify the remediation at both an unpermitted disposal area (OU 1) 
and a former landfill disposal area (OU 2). EPA issued a Record of 
Decision (``ROD'') for OU 1 on September 29, 1989, and amended the ROD 
on September 30, 1991. EPA issued the ROD for OU 2 on September 17, 
1993. The selected remedy at the Site for both OUs is the installation 
of a landfill cap and a leachate collection system. EPA estimates the 
remedy to cost approximately $38 million. The United States has 
incurred approximately $5 million in past response costs. EPA estimates 
that the total Site costs are $43 million.
    Under the decrees, Ford Motor Company agrees to undertake all 
remedial work necessary at the Site, while ultimately being responsible 
for 54.5% of the actual Site costs, and nine other major parties (Akzo 
Nobel Coatings, Inc.; The B.F. Goodrich Company; General Electric 
Company; Hoechst Celanese Corporation; Jim Beam Brands Company; 
Navistar International Transportation Corporation; Rohm and Haas 
Kentucky Incorporated; Safety Kleen Envirosystems Company; and Waste 
Management of Kentucky, LLC.) agree to a ``cashout'' settlement 
representing 41% of the $43 million estimated overall Site response 
costs and fund or perform 41% of any future work.
    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

[[Page 44018]]

Natural Resources Division, Department of Justice, Washington, D.C. 
20530, and should refer to United States v. Mary Ruth Smith, et al., 
DOJ Ref. #90-11-3-549.
    The United States filed a complaint in this matter in March 1990, 
pursuant to Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606 
and 9607, to recover past and future response costs incurred and to be 
incurred by the United States with respect to the Site, and injunctive 
relief for the Site.
    The proposed Consent Decrees may be examined at the office of the 
United States Attorney, Western District of Kentucky, 510 West 
Broadway, Louisville, KY 40202; the Office of the United States 
Environmental Protection Agency, Region 4, 61 Forysth 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. Copies 
of the proposed Consent Decrees 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 of the Consent Decree with 
Ford Motor Company, please refer to the referenced case and enclose a 
check in the amount of $190.50 (25 cents per page reproduction costs), 
payable to the Consent Decree Library for a copy of the Consent Decree 
with Ford Motor Company with its attachments or a check in the amount 
of $17.75, for a copy of that proposed Consent Decree without its 
attachments. In requesting a copy of the Consent Decree with the nine 
other parties (Akzo Nobel Coatings, Inc.; The B.F. Goodrich Company; 
General Electric Company; Hoechst Celanese Corporation; Jim Beam Brands 
Company; Navistar International Transportation Corporation; Rohm and 
Haas Kentucky Incorporated; Safety Kleen Envirosystems Company; and 
Waste Management of Kentucky, LLC.), please refer to the referenced 
case and enclose a check in the amount of $9.00 (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 
$8.25, for a copy of that proposed Consent Decree without its 
attachments.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-21473 Filed 8-15-97; 8:45 am]
BILLING CODE 4410-15-M