[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Notices]
[Page 43724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21918]



[[Page 43724]]

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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 28 CFR 50.7 and Section 122 of the Comprehensive 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, 
the Department of Justice gives notice that a proposed consent decree 
in United States v. Atlas Lederer Co., et al., Civil No. C-3-91-309 
(S.D. Ohio), was lodged with the United States District Court for the 
Southern District of Ohio on July 31, 1998, pertaining to the United 
Scrap Lead Superfund Site (``Site''), located near Troy, Ohio. The 
proposed consent decree would resolve the United States' civil claim 
against eight of the ten defendants named in this action, as well as 
the defendants' and EPA's putative claims against various federal 
agencies.
    Under the proposed consent decree, the settling generator 
defendants, including a number of alleged generators who were not named 
in the United States' 1991 cost recovery compliant, will be obligated 
to perform and finance a $19.5-million remedy at the Site, and 
reimburse the Superfund for $1,351,000 of the United States' past costs 
of $6,172,000.
    The settling generator defendants' past cost reimbursement 
obligation will be satisfied by the settling federal agencies. Those 
settling federal agencies also will pay the settling generator 
defendants $1,049,000 to be used for implementation of the remedy. 
Finally, the owner/operator defendants will reimburse the Superfund 
$443,500 and perform additional work in furtherance of the remedy.
    The United Scrap Lead Superfund Site, which occupies approximately 
25 acres of land, operated as a lead battery recycling facility from 
approximately 1946 to 1980. Of the 25 acres comprising the Site, 
approximately eight (8) acres are occupied by the former processing 
facilities and lead acid battery casing chips. The contaminated eight 
acres will be remedied under the proposed consent decree. The remedy to 
be implemented by the settling generator defendants consists of the 
following actions: (1) Excavation of all battery casing chips, with two 
treatment options--treatment on-site to meet RCRA's Land Disposal 
Restrictions (``LDRs''), or transportation to a RCRA Subtitle C 
treatment, storage and disposal facility for treatment to LDRs. Treated 
battery casing chips will be disposed of at an approved solid waste 
landfill; (2) excavation of the first foot of soils that exceeds 1550 
kg/mg lead, and disposal of the soils off-site at an approved solid 
waste landfill; (3) excavation of on-site soils above the regional 
groundwater table that exceed the 1550 mg/kg lead cleanup level: these 
soils will be consolidated on-site under a RCRA landfill cap, or 
disposed of off-site at an approved solid waste landfill; (4) extensive 
groundwater monitoring; (5) institution of deed restrictions or other 
institutional controls to protect the solid waste cover system (among 
other purposes); and (6) construction of appropriate engineering 
controls to ensure adequate site drainage.
    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, Environment and Natural Resource Division, United 
States Department of Justice, Washington, DC 20530, and should refer to 
United States v. Atlas Lederer Co., et al., Civil No. C-3-91-309 (S.D. 
Ohio), and DOJ Reference No. 90-11-3-279b.
    The proposed consent decree may be examined at: (1) the Office of 
the United States Attorney for the Southern District of Ohio, Federal 
Building, Room 602, 200 W. Second St., Dayton, Ohio 45400 (937-225-
2910); (2) the United States Environmental Protection Agency (Region 
5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact 
Sherry Estes (312-886-7164)); and (3) the U.S. Department of Justice, 
Environment and Natural Resources Division 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 DOJ Reference Number and enclose a check in the 
amount of $27.50 for the consent decree only (110 pages at 25 cents per 
page reproduction costs), or $83.00 for the consent decree and all 
appendices (332 pages), made payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-21918 Filed 8-13-98; 8:45 am]
BILLING CODE 4410-15-M