[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51950-51951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26018]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree and Stipulated Amendment 
Pursuant to the Comprehensive Environmental Response, Compensation and 
Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, and in 
accordance with section 122(d) of the Comprehensive Environmental 
Response, Compensation and Liability Act (``CERCLA''), notice is hereby 
given that on September 11, 1998, a proposed Consent Decree in United 
States v. City of Fort Lauderdale, Florida, et al., Civil Action No. 
98-6982 was lodged with the United States District Court for the 
Southern District of Florida.
    In this action the United States alleges that the defendants are 
liable under CERCLA for costs incurred by the United States in 
conducting response actions at the Wingate Superfund Site (the 
``Site'') located in Fort Lauderdale, Broward County, Florida. The 
United States seeks injunctive relief for the remedy specified in the 
Record of Decision (``ROD'') and the recovery of response costs 
incurred in connection with the release of hazardous substances from 
the Site into the environment.
    This consent decree represents a settlement for conducting the 
remedy at the Site and the recovery of response costs. The proposed 
settlement involves thirty-six settling defendants which comprise a 
group entailing the owner/operator, generators, and transporters of 
hazardous substances released at the Site. The proposed consent decree 
requires the settling defendants to finance and conduct the remedial 
design and remedial action (``RD/RA''), which includes construction of 
a geosynthetic membrane cap over the Site property. The proposed 
settlement provides the defendants with an orphan share compromise in 
an amount equal to past response costs ($1.8 million), plus projected 
future oversight costs ($1.6 million). Fourteen parties will also 
receive de minimis covenants from the United States limited to the 
remedy selected in the ROD, based upon the volume and toxicity of their 
representative waste contributions to the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the

[[Page 51951]]

date of this publication comments relating to the proposed Second 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530, and should refer to United States 
v. City of Fort Lauderdale, Florida, et al., Wingate Superfund Site), 
D.J. Ref. 90-11-2-1176. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with section 7003(d) 
of the Resources Conservation and Recovery Act (``RCRA''), 42 U.S.C. 
6973(d).
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of Florida, 500 E. Broward 
Boulevard, Fort Lauderdale, Florida 33394; Region 4, Office of the 
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth 
Street, SW, Atlanta, Georgia 30303; and at the Consent Decree Library, 
1120 G Street, NW, 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, 3rd Floor, Washington, DC 
20005. In requesting a copy, please enclose a check in the amount of 
$31.25 (without exhibits), $53.25 (with exhibits) (25 cents per page 
reproduction cost) payable to the Treasurer of the United States.
Walker Smith,
Deputy Chief, Environment and Natural Resources Division.
[FR Doc. 98-26018 Filed 9-28-98; 8:45 am]
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