[Federal Register Volume 64, Number 128 (Tuesday, July 6, 1999)]
[Notices]
[Pages 36399-36400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16942]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act

    In accordance with Departmental policy, the Department of Justice 
gives notice that four proposed consent decrees in the consolidated 
cases captioned United States v. Cantrell, et. al., Civil Action No. C-
1-97-981 (S.D. Ohio) and United States v. Ohio Power Co., et al., Civil 
Action No. C-1-98-247 (S.D. Ohio), were lodged with the United States 
District Court for the Southern District of Ohio, Western Division, on 
June 21, 1999, pertaining to the Automatic Containers Superfund Site 
(the ``Site''), located near Ironton, in Lawrence County, Ohio. The 
proposed consent decrees would resolve certain civil claims of the 
United States for recovery of more than $1.3 million in unreimbursed 
past response costs under Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9607, against two defendants and 28 third-party 
defendants in the consolidated cases.
    The first proposed consent decree, captioned ``Partial Consent 
Decree with Settling Defendant Mansbach Realty Co. (d/b/a Mansbach 
Metal Co.) and Certain Third-Party Settling Defendants'' would require 
Defendant Mansbach's payment of $585,000 (on its own behalf and on 
behalf of 24 so-called ``Mansbach Supplier'' Third-Party Defendants) in 
reimbursement of past CERCLA response costs the United States incurred 
in connection with the Site. (The following Mansbach Supplier Third-
Party Defendants are Settling Defendants under that proposed consent 
decree: American Commercial Barge Line LLC (and its related corporate 
entity American Commercial Lines LLC); American Electric Power Service 
Corporation (and its related corporate entities Ohio Power Company and 
Indiana Michigan Power Company); Ashland Oil, Inc. (now known as 
Ashland Inc.); Baker Iron & Metal Co., Inc.; Merdie Boggs & Sons; 
Crounse Corporation; CSX Transportation, Inc. (in its own name and as 
successor by merger to Louisville and Nashville Railroad Company); E.I. 
du Pont Nemours and Company; General American Transportation 
Corporation; Helm Financial Corporation (and its related entities Helm-
Atlantic Associates Limited Partnership, Helm-Pacific leasing, and HM 
Joint Venture); Ingram Industries, Inc.; The David J. Joseph Company; 
The Valley Line Company (formerly known as Mississippi Valley Barge 
Line Company); Norfolk Southern Railway Company; Nugent Sand Company; 
The Ohio River Company (and its related corporate entity Midland 
Enterprises Inc.); Progress Rail Services Corporation; Kentucky 
Electric Steel, Inc.; Ross Brothers Construction Co.; Sears, Roebuck 
and Co.; Superior Marine Ways, Inc.; and Union Tank Car Company.) The 
second proposed consent decree, captioned ``Partial Consent Decree with 
Settling Defendant Oak Hill Foundry & Machine Works, Inc.,'' would 
provide for payment of an additional $91,000 by Defendant Oak Hill. The 
third proposed consent decree, captioned ``Partial Consent Decree with 
Certain Third-Party Settling Defendants,'' would provide for payment of 
an additional $13,000 by Third-Party Defendants Muth Lumber Co., Crace 
Construction Co., and Lawrence County Medical Center. The fourth 
proposed consent decree, captioned ``Partial Consent Decree with 
Setting Defendant City of Ironton, Ohio,'' would provide for payment of 
an additional $26,000 by the City. Taken together, the four proposed 
consent decrees would resolve claims against 30 parties in exchange for 
payment of $715,000, as provided by the proposed consent decrees.

[[Page 36400]]

    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 decrees. 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. Cantrell, et al., Civil Action No. C-1-97-981 (S.D. 
Ohio) and United States v. Ohio Power Co., et al., Civil Action No. C-
1-98-247 (S.D. Ohio), and DOJ Reference Nos. 90-11-3-1756 and 90-11-3-
1756/1, and the proposed consent decree(s) which the comments address.
    The proposed consent decrees may be examined at: (1) The Office of 
the Untied States Attorney for the Southern District of Ohio, 220 U.S. 
Courthouse, 100 East Fifth street, Cincinnati, Ohio 45202 (contact 
Gerald Kaminski (513-684-3711)); (2) the United States Environmental 
Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590 (contact Mony Chabria (312-886-6842)); and (3) the 
U.S. Department of Justice, Environment and Natural Resources Division 
Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 
20005 (202-624-0892). Copies of the proposed consent decrees may be 
obtained in person or by mail from the Consent Decree Library, 1120 G 
Street, NW, 3rd Floor, Washington, DC 20005. In requesting copies, 
please refer to the referenced case and DOJ Reference Number, the 
proposed consents decree(s) requested, and enclose a check for the 
amount(s) described below, made payable to the Consent Decree Library. 
The cost for a copy of the ``Partial Consent Decree with Settling 
Defendant Mansbach Realty Co. (d/b/a Mansbach Metal Co.) and Certain 
Third-Party Settling Defendants'' and all appendices is $13.50 (54 
pages at 25 cents per page reproduction costs). The cost for a copy of 
the ``Partial Consent Decree with Settling Defendant Oak Hill Foundry & 
Machine Works, Inc.'' and all appendices is $6.25 (25 pages at 25 cents 
per page reproduction costs). The cost for a copy of the ``Partial 
Consent Decree with certain Third-Party Settling Defendants'' and all 
appendices is $6.75 (27 pages at 25 cents per page reproduction costs). 
The cost for a copy of the ``Partial Consent Decree with Settling 
Defendant City or Ironton, Ohio'' and all appendices is $6.25 (25 pages 
at 25 cents per page reproduction costs).
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-16942 Filed 7-2-99; 8:45 am]
BILLING CODE 4410-15-M