[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Notices]
[Pages 68701-68702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31787]


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DEPARTMENT OF JUSTICE


Notice of Extension of Time for Comments Relating to the Lodging 
of a Consent Decree Pursuant to the Comprehensive Environmental 
Response, Compensation and Liability Act

    Notice is hereby given of an extension of time under which the 
Department of Justice will receive comments relating to the proposed 
Consent Decree in United States v. Bay Chemical Company, et al., Civil 
Action No. C99-5521RJB. The proposed Consent Decree was lodged with the 
United States District Court for the Western District of Washington on 
October 5, 1999 and previously noticed in the Federal Register on 
October 26, 1999. The earlier noticed comment period would have expired 
on November 25, 1999, but comments will now be considered if received 
by December 9, 1999.
    The complaint in this action seeks to recover, pursuant to Section 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9607 response costs incurred and 
to be incurred by the U.S. Environmental Protection Agency (``EPA'') in 
the Hylebos Waterway Problem Areas in Operable Unit 1 (``OU1'') of the 
Commencement Bay Nearshore/Tideflats Superfund Site (hereinafter ``the 
Site'') located in Tacoma, Washington. The defendants include owners 
and operators of properties within two problem areas of one of the nine 
operable units at the Site.
    The proposed Consent Decree embodies an agreement with seventeen 
potentially responsible parties (``PRPs'') pursuant to Section 107 of 
CERCLA, 42 U.S.C. 9607, to pay approximately $762,880 in past and 
future response costs associated with the Hylebos Waterway Problem 
Areas of OU1 of the Site. The above-described payments include a 
premium to be paid by each settling party to offset the risks that 
actual future response costs will exceed current estimates.
    The Consent Decree provides the settling defendants with releases 
for civil liability for response costs under Sections 106 and 107 of 
CERCLA relating to the Hylebos Waterway Problem Areas of OU1 of the 
Site. The Consent Decree explicitly reserves the United States' claims 
for response costs associated with other operable units and problem 
areas of the Site, natural resource damages, and other potential United 
States' claims.
    Comments should be addressed to the Assistant Attorney General for 
the Environment and Natural Resources Division, Department of Justice, 
P.O. Box 7611, Washington, D.C. 20044-7611, should refer to United 
States v. Bay Chemical Company, et al., DOJ Ref. No. 90-11-2-06010, and 
should be received by December 9, 1999.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 3600 Seafirst Plaza, 800 5th Avenue, Room 3601, 
Seattle, WA 98104, and the Region X Office of the Environmental 
Protection Agency, Region X Records Center, 1200 Sixth Avenue, Seattle, 
Washington 98101. A copy of the proposed consent decree may be obtained 
by mail from the Consent Decree Library, U.S. Department of Justice, 
Environmental Enforcement Section, Post Office Box 7611, Washington, 
D.C. 20044. In requesting a copy, please refer to the referenced case 
and enclose a check in the amount of $175.00 (25 cents per

[[Page 68702]]

page reproduction costs), payable to the Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-31787 Filed 12-7-99 8:45 am]
BILLING CODE 4410-15-M