[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Page 40736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20400]



Notice of Lodging of Environmental Settlements

    In accordance with Department policy, 28 CFR Sec. 50.7, notice is 
hereby given that on June 16, 1998, the United States, on behalf of the 
U.S. Environmental Protection Agency (``EPA'') entered into proposed 
settlements in two related cases, United States v. City of McKinney, 
Texas (498-cv-202) and United States v. McKinney Smelting, Inc. (498-
cv-204). The settlements involve remediation of, and environmental 
violations at, the McKinney Smelting, Inc. (``MSI'') scrap metal 
recycling facility. The Consent Decrees were lodged with the Court on 
July 10, 1998.
    The settlement with the City of McKinney (the ``City'') is pursuant 
to the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601, et seq. 
and the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq. The 
United States has alleged that the City contributed to the 
contamination of the MSI facility as the past owner of roads which 
border the facility and which contained lead battery casings as fill 
material in the roadbed. Under the proposed settlement, the City will 
contribute $33,500 to fund a portion of the cleanup of the MSI 
facility, which will be performed by a prospective purchaser, Ferex, 
Inc., in accordance with a March 25, 1998 ``Agreement and Covenant Not 
to Sue'' (``PPA'') with the United States.
    The Consent Decree with MSI is pursuant to Section 7003 of RCRA, 42 
U.S.C. 6973, Section 15(1)(C) of the Toxic Substances Control Act 
(``TSCA''), 15 U.S.C. 2614(1)(C) and Sections 301(a) and 402(p) of the 
Clean Water Act (``CWA''), 33 U.S.C. 1311(a) and 1342(p). The United 
States alleges MSI's improper disposal of non-liquid polychlorinated 
biphenyls (``PCBs''), failure to comply with the Storm Water Pollution 
Prevention requirements of the CWA, and that the disposal of hazardous 
and solid waste at the facility may present an imminent and substantial 
endangerment to health or the environment. The proposed Consent Decree 
requires MSI to pay $25,000 in settlement of CWA civil penalty claims, 
based on the company's financial inability to pay the full penalty 
    The U.S. Department of Justice will receive for a period of thirty 
(30) days from the date of this publication comments concerning the 
proposed Consent Decrees. Comments should be addressed to the Assistant 
Attorney General of the Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, D.C. 20530, and should refer to 
the appropriate settlement, either United States v. City of McKinney, 
Texas, D.J. ref. 90-5-1-1-4458/2 or United States v. McKinney Smelting, 
Inc., D.J. ref. 90-5-1-1-4458. In addition, interested parties may 
request a public meeting in the affected area in accordance with 
Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed Consent Decrees may be examined at the Office of the 
United States Attorney for the Eastern District of Texas, Sherman 
Division, 660 North Central Expressway, Suite 400, Plano, Texas 75704; 
the Office of the City Manager, City of McKinney, 222 E. Tennessee, 
McKinney, Texas 75070; and at the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005. A copy of the proposed 
Consent Decrees may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, N.W., Washington, D.C. 20005. In 
requesting a copy of these Decrees, Please enclose a check to cover the 
$.25 per page reproduction costs. A check in the amount of $11.50 is 
required if requesting a copy of the City of McKinney Decree. A check 
in the amount of $4.75 is required if requesting a copy of the McKinney 
Smelting, Inc. Decree. Make checks payable to: Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 98-20400 Filed 7-29-98; 8:45 am]