[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Notices]
[Pages 24171-24172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11266]
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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 Partial Consent Decree
(``Decree'') in United States v. Alabama Electric Cooperative, et al,
Civil Action No. 982474-GTV, was lodged on April 15, 1999, with the
United States District Court for the District of Kansas.
The complaint filed in the above-referenced matter alleges that
Settling Defendant Transformer Service, Inc. (``TSI'') and the 123
other named defendants are jointly and severally liable for the United
States' response costs at the Osage Metals Superfund Site (``Site'') in
Kansas City, Kansas, pursuant to Section 107(a) of CERCLA, 42 U.S.C.
9607(a).
[[Page 24172]]
The Site was the location of a metals salvage and reclamation
facility between 1948 and 1993. EPA sampling at the Site in 1994 showed
high levels of lead and polychlorinated biphenyls, 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. The Site is now cleaned to industrial
levels and is the location of a working warehouse. The United States
anticipates no future response actions at the Site.
Under the proposed Decree, Settling Defendant TSI shall pay the
United States $4,493.00 plus interest toward the United States'
approximately $1.12 million in unreimbursed past costs at the Site. TSI
also covenants not to sue any de micromis parties, or any de minimis
parties that have settled or do settle with the United States. In
exchange, the United States gives TSI a covenant not to sue and
contribution protection for past response costs and certain future
enforcement costs at the Site. The United States' covenants are
contingent upon TSI's certification that it has provided the United
States with a full and accurate statement of its assets and
liabilities. If TSI has hidden assets that it could have used to pay
response costs. the United States' covenant not to sue is void.
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 the
United States v. Alabama Electric Cooperative, et al, DOJ Ref.#90-11-3-
1617B.
The proposed consent decree may be examined at the office of the
United States Attorney, District of Kansas, 500 State Avenue, Suite
360, Kansas City, KS 66101, 913-551-6730; the Region VII Office of the
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, KS
66101, 913-551-7255; 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 $13.50 (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 $8.00.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 99-11266 Filed 5-4-99; 8:45 am]
BILLING CODE 4410-15-M