[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Notices]
[Page 59873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25714]


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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 Departmental policy, 28 CFR 50.7, and section 
122 of CERCLA, 42 U.S.C. 9622, notice is hereby given that on September 
27, 2000, a proposed Consent Decree in United States v. BF Goodrich 
Company, et al., C.A. No. C2-97-366 was lodged with the United States 
District Court for the Southern District of Ohio.
    In this action the United States sought recovery of the past costs 
it incurred in connection with addressing the release or threatened 
release of contaminants at the Vandale Junkyard Superfund Site in 
Marietta, Washington County, Ohio. The Consent Decree resolves the 
United States' claims under section 107(a) of CERCLA, 42 U.S.C. 
9607(a), for response costs incurred at the Vandale Superfund Site 
against six Defendants: (1) B.F. Goodrich Co., Inc.; (2) Cytec 
Industries, Inc.; (3) Kardex Systems, Inc.; (4) Lockheed Martin Corp.; 
(5) Exxon Mobil Corp.; and (6) Unisys Corporation. The proposed past 
cost Consent Decree provides that, in addition to their previous 
payments of $317,953.96, the Defendants will pay to the United States 
$1,975,000 for its unreimbursed past response costs and prejudgment 
interest incurred in connection with the Site prior to December 5, 
1999. The Defendants will also reimburse all EPA and DOJ costs incurred 
after December 5, 1999 for overseeing implementation of the remedial 
design/remedial action, and for overseeing and enforcing the proposed 
Consent Decree, to the extent that those costs exceed $190,000.
    The United States covenants not to sue Defendants for past response 
costs and oversight costs. The United States, however, reserves its 
ability to seek penalties for non-compliance with any orders issued by 
the Environmental Protection Agency. Similarly, Defendants agree not to 
sue the United States with respect to past response costs, oversight 
costs or this Consent Decree and Defendants waive their right to seek 
contribution with respect to any claims relating to past costs and 
oversight costs, except where another person first asserts a claim 
against the Defendants.
    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, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. BF Goodrich Company, et al., C.A. No. C2-97-
366 (S.D. Ohio), D.J. Ref. 90-11-2-962.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Southern District of Ohio, 280 North High 
Street, Fourth Floor, Columbus, Ohio 43215, and the Region 5 Office of 
the Environmental Protection Agency, 77 West Jackson Street, Chicago, 
Illinois 60604-3590. A copy of the Consent Decree may also be obtained 
by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department 
of Justice, Washington, DC 20044-7611. In requesting a copy, please 
enclosure a check in the amount of $8 (25 cents per page reproduction 
cost) payable to the Consent Decree Library.

Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-25714 Filed 10-5-00; 8:45 am]
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