[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Notices]
[Page 47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23802]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'')

    Notice is hereby given that a proposed Consent Decree (``Decree'') 
in United States v. Pacific Hide and Fur Depot, Inc., et al, Civil 
Action No. 83-4052, was lodged on July 31, 1998, with the United States 
District Court for the District of Idaho.
    The complaint and amended complaints filed in the above-referenced 
matter allege that defendants Pacific Hide and Fur Depot, Inc., William 
N. McCarty, Michael McCarty, Terry McCarty, Sherry McCarty 
Christianson, Richard McCarty, Dayna McCarty Sanna, McCarty's Inc., 
Pacific Fruit Express Company and Union Pacific Railroad Company 
(together ``Settling Defendants''), are jointly and severally liable 
for the United States' response costs at the McCarty's/Pacific Hide and 
Fur Superfund Site (``Site'') in Pocatello, Idaho, pursuant to Section 
107(a) of CERCLA, 42 U.S.C. 9607(a).
    The Site is comprised of 17 acres located in northwest Pocatello, 
Idaho that as used as part of a gravel mining operation as early as 
1949, and as a metal salvaging yard beginning in the late 1950s and 
continuing until approximately 1979. Metal was salvaged at the Site 
from many sources, including transformers, which were stored in and 
around a gravel pit (``Pit'') in the southwest corner of the Site. Lead 
from lead-acid batteries was also salvaged at the Site. As a result of 
these activities, the Site was contaminated with lead and 
polychlorinated biphenyls (``PCBs''), which are hazardous substances 
within the meaning of CERCLA, and the United States incurred response 
costs responding to the release or threat of release of these hazardous 
substances at the Site.
    Under the proposed Decree, Settling Defendants shall pay the United 
States approximately $2.563 million towards the United States' 
approximately $5.78 million in past costs at the Site. Settling 
Defendants also agree to comply with all provisions of a Unilateral 
Administrative Order (``UAO'') issued by the U.S. Environmental 
Protection Agency (``EPA'') on July 12, 1996 (and amended on April 28, 
1998), which includes the requirement that Settling Defendants perform 
portions of the remedial work at the Site and reimburse EPA for the 
costs of overseeing those portions of the remedial work. Settling 
Defendants have already completed the remedial work required under the 
July, 1996 UAO. Although EPA has not yet tabulated the cost of 
overseeing Settling Defendants' work under the UAO, the current 
estimate of these costs is $200,000. Finally, Settling Defendants agree 
to place permanent deed restrictions prohibiting future excavation in a 
small area of the Site that may contain subsurface contamination. In 
exchange, the Decree provides Settling Defendants a covenant not to sue 
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606-9607.
    Sampling shows that the entire Site is now cleaned to residential 
levels.
    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. Pacific Hide and Fur Depot, Inc., et al, DOJ Ref. #90-
11-2-47.
    The proposed consent decree may be examined at the office of the 
United States Attorney, District of Idaho, P.O. Box 32, Boise, Idaho, 
83707, (208) 334-1211; the Region X Office of the Environmental 
Protection Agency, 1200 Sixth Avenue, Seattle, Washington, 98101, (206) 
553-1796; and at the Consent Decree Library, 1120 G Street, N.W., 3rd 
Floor, Washington, D.C. 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, N.W., 3rd Floor, Washington, D.C. 20005. 
In requesting a copy of the Decree, with all attachments, please refer 
to the referenced case and enclose a check in the amount of $65.25 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library. In requesting a copy of the Decree without the attachments, 
please enclose a check in the amount of $10.50.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environmental and Natural 
Resources Division.
[FR Doc. 98-23802 Filed 9-2-98; 8:45 am]
BILLING CODE 4410-15-M