[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Notices]
[Pages 46948-46949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19382]


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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 Department of Justice policy codified at 28 CFR 
50.7 and Section 122 of CERCLA, 42 U.S.C. 9622, notice is hereby given 
that May 26, 2000, two proposed Consent Decrees in United States v.  
Elsa Morgan-Skinner, et al., Civ. Action No. C-1-00-424, were lodged 
with the United States District Court for the Southern District of 
Ohio. The first Consent Decree represents a settlement of claims of the

[[Page 46949]]

United States for recovery of response costs incurred by the United 
States in connection with the Skinner Landfill Superfund Site (Site) in 
West Chester, Ohio, under Section 107(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended, 42 U.S.C. 9607(a), against Elsa Morgan-Skinner and seventy-two 
(72) other potentially responsible parties (PRPs) that contributed 
hazardous substances to the Site. Under the terms of the Consent Decree 
(the Remedial Action of ``RA Consent Decree''), the Settling Generator/
Transporter Defendants, including approximately sixty-six (66) 
companies, (Work Parties) will implement an EPA-approved remedial 
action which includes, among other things, the construction of a cap 
over a former dump and buried waste lagoon area; and the interception, 
capture and treatment of contaminated groundwater located down-gradient 
from the capped area. The Settling Owner/Operator Defendant Elsa 
Morgan-Skinner, the current Site owner, agrees to grant access to and 
restrictive use covenants on the Site, and resolves her liability by 
selling an option to purchase the site for $5,000 to the Work Parties. 
A portion of the proceeds of any such sale will be deposited into an 
account known as the Skinner Landfill Special Account. Two Settling 
Federal Agencies, the General Services Administration and the Defense 
Logistics Agency, will pay $602,599.12 into the Skinner Landfill 
Special Account. Finally, the Settling De Minimis Federal Agencies, 
including the United States Army, United States Air Force, United 
States Information Agency and the United States Postal Service, each of 
which contributed less than 1% of the total volume of waste at the 
Site, will pay $87,804.29 into the Skinner Landfill Special Account. 
Eighty percent of the funds in the Special Account will be available 
for disbursement to the Work Parties for their remediation work. In 
exchange for these payments and performance of the remedial action, 
each of the Settling Defendants under the RA Consent Decree will 
receive covenants not to sue and contribution protection.
    The second Consent Decree resolves the United States' claims for 
recovery of response costs incurred at the Site against seven 
municipalities, including the Cities of Blue Ash, Deer Park, Madiera, 
Mason, Sharonville and the Villages of Lincoln Heights and Monroe, each 
of which contributed municipal solid waste (MSW) to the Site. Under the 
terms of this Consent Decree (known as the ``MSW Consent Decree'') the 
Settling Municipalities will pay a total of $17,218 into the Skinner 
Special Account. These funds will be made available to the Work Parties 
for their remediation work. In exchange for this payment, each of the 
Settling Municipalities will receive a covenant not to sue and 
contribution protection.
    From June 9, 2000, through July 10, 2000, the Department of Justice 
accepted comments on the proposed Consent Decrees. The Department of 
Justice will receive for an additional period of two weeks from the 
date of this publication comments relating to the proposed Consent 
Decrees. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, 950 Pennsylvania, NW, Washington, DC 20530, and should refer 
to United States v. Elsa Morgan-Skinner et al. Civ. Action No. C-1-00-
424; D.J. Ref. Nos. 90-11-3-1620, 90-11-6-118, 90-11-6-128.
    The Consent Decrees may be examined at the Office of the United 
States Attorney, 220 United States Post Office & Courthouse, 100 E. 5th 
Street, Cincinnati, Ohio 45202, and at the United States Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590, or on the United States Environmental Protection 
Agency's internet website at www.epa.gov/region5/sites. A copy of the 
Consent Decrees may also be obtained by mail from the Consent Decree 
Library in amount of $65.50 for both Consent Decrees; or $60.00 (240 
pages at 25 cents per page reproduction cost) for the RA Consent 
Decree; or $5.50 (22 pages at 25 cents per page reproduction cost) for 
the MSW Consent Decree.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 00-19382 Filed 7-31-00; 8:45 am]
BILLING CODE 4410-15-M