[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Notices]
[Page 35280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17181]


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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 Department policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that a proposed consent decree in United States v. 
Keystone Sanitation Company, Inc., et al., Civil Action No. 1:CV-93-
1482, was lodged on with the United States Court for the Middle 
District of Pennsylvania on June 23, 1998.
    The proposed consent decree pertains to the Keystone Sanitation 
Superfund Site (``Site''), located near Hanover, Pennsylvania. The 
United States had sued a number of defendants pursuant to Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9607, to recover past response 
costs incurred at the Site. In the settlement, eight generator 
defendants agree to perform on-site and off-site groundwater 
remediation in exchange for a site-wide covenant not to sue under 
Section 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 
7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6673. 
They also agree to pay $125,000 toward natural resource damages in 
exchange for a covenant not to sue under Section 107 of CERCLA, 42 
U.S.C. 9607, for natural resource damages. The settling generator 
defendants also agree to reimburse $13,000 of the past response costs 
incurred by the Commonwealth of Pennsylvania in connection with the 
Site, and to pay $30,000 toward state natural resource damages, and in 
exchange the Commonwealth provides similar covenants not to sue under 
CERCLA, RCRA, and the state statutory counterparts. The settling 
generator defendants receive contribution protection for matters 
addressed in the settlement, and waive all existing claims against the 
plaintiffs and all generator or transporter parties, as well as future 
claims for contribution as to generators and transporters contributing 
less than 18,000 cubic yards of municipal solid wastes to 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 v. Keystone Sanitation Company, et al., DOJ Ref. # 90-11-
2-656A.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Middle District of Pennsylvania, 228 Walnut 
Street, Harrisburg, PA 17108; the Region III Office of the 
Environmental Protection Agency, 841 Chestnut Street, Philadelphia, PA 
19107; and at the Consent Decree Library, 1120 G Street, NW., 4th 
Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed 
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 $125.00 payable to the Consent Decree Library.

Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-17181 Filed 6-26-98; 8:45 am]
BILLING CODE 4410-15-M