[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29754-29755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14330]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on May 1, 1998, a proposed Consent
Decree in United States v. Helen Kramer et al., Civil Action 89-4340
(JBS), was lodged with the United States District Court for the
District of New Jersey.
In this action, brought pursuant to Section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9601 et seq. (``CERCLA''), the United States sought
reimbursement of costs incurred for actions taken at the Helen Kramer
Site in Mantua, New Jersey in response to the release or threat of
release of hazardous substances at this former landfill site from the
following parties: American National Can Company, American Cyanamid
Company, Incorporated, Atochem, Inc., Bridgestone/Firestone, Inc., the
City of Philadelphia, Carpenter Steel Company, Inc., Cole Office
Environments Division of Joyce International, Continental Can Company,
E.I. DuPont De Nemours, & Company, Inc., G&S Company, Inc., General
Metalcraft, Incorporated, The Gilbert Spruance Paint Company, Globe
Disposal Company, Inc., Thomas Gola, ICI Americas, Incorporated, Marvin
Jonas, Marvin Jonas, Incorporated, Helen Kramer, Lehigh Press, Inc.,
Rick A. Licciardello d/b/a Licciardello Sanitation Company, Albert J.
Mitchell d/b/a Mitchell Waste Removal, Monsanto Company, Incorporated,
Morton International, Inc., Nabisco, Inc., N.L. Industries,
Incorporated, NVF Company, Incorporated, Olin Corporation, Portfolio
One, Inc. (including its parent companies Manor Care, Inc. and
Manorcare Health Services, Inc.), Rohm & Haas Company, Incorporated,
Unisys Corporation, and W.R. Grace & Co.--Conn. All these defendents
are signatories to the Consent Decree resolving this case, together
with over two hundred additional parties who were joined in this case
as third-party defendants (collectively ``Settling Defendants'').
The Helen Kramer Landfill is located approximately fifteen miles
south of Philadelphia, Pennsylvania and Camden, New Jersey. From
approximately 1963 until 1981, the Site was used for the disposal of
millions of gallons of chemical, industrial, septic, hospital and
municipal wastes. The State of New Jersey revoked the landfill's
registration in early 1981, and on March 3, 1981, a New Jersey state
court ordered the landfill to cease operations.
EPA conducted a Remedial Investigation and Feasibility Study (``RI/
FS'') from July 1983 until September 1985 to investigate the nature and
extent of contamination at the Site. A wide variety of hazardous
chemicals were detected in the soil, surface waters and groundwaters at
the Site, including dichloro- and trichloro-ethanes and ethenes,
benzene, toluene, xylenes, ketones, and phenols, as well as high levels
of inorganic chemicals. On September 8, 1983, EPA placed the Site on
the National Priorities List, 40 CFR part 300, Appendix B. On September
27, 1985, EPA selected a remedy for the contamination at the Site which
included a clay cap, upgradient and downgradient slurry walls, a
groundwater/leachate collection and treatment system, a gas venting and
treatment system, surface water controls, and monitoring. The remedy
has been completed and in full operation since May 13, 1993.
The Consent Decree provides that the Settling Defendants will pay
$95 million over a five year period to the United States, toward total
costs incurred by the United States of approximately $123 million,
including enforcement costs and pre-judgment interest. A subset of the
Settling Defendants (Rohm & Haas Company, E.I. DuPont De Nemours & Co.,
Elf-Atochem North America, Inc., Cytec Industries (on behalf of
American Cyanamid Company), Mobil Research and Development Corporation,
Chemical Leaman Tank Lines, Continental Can, and Carpenter Technology)
also will perform any studies needed by EPA to perform its five-year
reviews of the effectiveness of the remedy selected and constructed for
the Site. The Consent Decree also provides a full release by the
Settling Defendants to the United States, including all its departments
and agencies. Settling Defendants also agree to waive all claims
arising out of the Site against all other settling parties.
Under two parallel Consent Decrees with the State of New Jersey,
Settling Defendants have taken over the operation and maintenance of
the Site and have agreed to purchase wetlands commensurate with those
lost at the Kramer Site, to be conveyed to the town of West Deptford in
satisfaction of the State's natural resource damages claims. The
proposed federal Consent Decree is conditioned upon Settling
Defendants' performance of their obligations under the State Consent
Decrees, and resolves natural resource damages claims at the Site on
behalf of the Department of the Interior and the National Oceanic and
Atmospheric Administration, based upon the Settling Defendants' natural
resource damages settlement with the State.
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 of the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States v. Helen Kramer et al., D.J. Ref. 90-11-2-433A.
The Consent Decree may be examined at the Office of the United
States
[[Page 29755]]
Attorney, District of New Jersey, Mitchell H. Cohen Courthouse, Room
2070, 4th and Cooper Streets, Camden, New Jersey, at U.S. EPA Region
II, Office of Regional Counsel, 290 Broadway, 17th Floor, New York, NY,
and at the Consent Decree Library, 1120 G Street, N.W., 4th Floor,
Washington, D.C. 20005, (202) 624-0892. A copy of the Consent Decree
may be obtained in person or by mail (without signature pages and
exhibits) from the Consent Decree Library, 1120 G Street, N.W., 4th
Floor, Washington, D.C. 20005. In requesting a copy, please enclose a
check in the amount of $86.50 (25 cents per page reproduction cost)
payable to the Consent Decree Library. In requesting a copy exclusive
of exhibits and defendants' signatures, please enclose a check in the
amount of $9.25 (25 cents per page reproduction cost) payable to the
Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-14330 Filed 5-29-98; 8:45 am]
BILLING CODE 4410-15-M