[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48761-48762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24435]


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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. 
Sec. 9622, the Department of Justice gives notice that a proposed 
consent decree in United States v. Harold Shane, et al., Civil No. 90-
0102-C (S.D. Ohio), was lodged with the United States District Court 
for the Southern District of Ohio on August 28, 1998, pertaining to the 
Arcanum Iron & Metal Superfund Site (the ``Site''), Arcanum, Twin 
Township, Darke County, Ohio. The proposed consent decree would resolve 
the United States' civil claims against four third-party and fourth-
party defendants named in this action.
    Under the proposed consent decree, three settling defendants, 
alleged generators who were not named in the original United States' 
1990 cost recovery complaint, will be obligated to perform and finance 
a $5.8 million remedy at the Site, pay up to $150,000 in U.S. EPA's 
future response costs, and reimburse the Superfund for $201,832 of the 
United States' past costs of approximately $3 million. In addition, a 
fourth de minimis settling defendant, also an alleged generator not 
named in the United States' complaint, will be obligated to pay $53,842 
to the Superfund in reimbursement of the United States' past costs at 
the Site.
    The Arcanum Iron & Metal Site is a 4.5 acre parcel of land that 
operated as a battery salvaging and reprocessing facility from 
approximately 1964 to 1982. Site activities resulted in contamination 
of soil, surface waters, structures and sediments with high levels of 
lead and other hazardous substances. In addition, large volumes of 
contaminated plastic and rubber battery casing chips accumulated at the 
Site. The Site will be remediated under the proposed consent decree. 
The remedy to be implemented by the three settling defendants consists 
of the following actions: (1) Demolition and decontamination of on-Site 
structures; (2) Excavation and treatment of approximately 44,000 cubic 
yards of lead-contaminated soil and 4,000 cubic yards of battery casing 
chips; (3) Excavation and treatment of contaminated sediment on-Site; 
(4) Backfilling of excavated areas with clean soil and revegetation; 
and (5) Extensive groundwater monitoring.

[[Page 48762]]

    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. Harold Shane et al., Civil No. 90-0102-C (S.D. Ohio), 
and DOJ Reference No. 90-11-3-504. Commenters may request an 
opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA, 42 U.S.C. Sec. 6973(d).
    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 
Richard Murawski (312-886-6721)); 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 $26.75 for the consent decree only (107 pages at 25 cents per 
page reproduction costs), or $72.25 for the consent decree and all 
appendices (289 pages), made payable to the Consent Decree Library.
Walker B. Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-24435 Filed 9-10-98; 8:45 am]
BILLING CODE 4410-15-M