[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Notices]
[Pages 64234-64235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27530]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 
ET SEQ.

    Notice is hereby given that on October 11, 2000 a proposed consent 
decree in United States v. Keystone Sanitation Co., Inc., Civil Action 
No. 1:CV-93-1482, was lodged with the United States District Court for 
the Middle District of Pennsylvania.
    The United States brought this action under section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act

[[Page 64235]]

(CERCLA), 42 U.S.C. 9607, to recover its past costs incurred at the 
Keystone Sanitation Co. Superfund Site, located near Hanover, 
Pennsylvania. There have been a number of prior consent decrees at the 
site. The proposed consent decree obligates the Owner/Operators to 
perform and fully finance the enhanced landfill gas extraction 
(``ELGE'') alternate remedy, which EPA proposed at the Site on June 1, 
2000 if, after review of public comment, EPA selects it. The decree 
also requires the Owner/Operators to implement the landfill cap, which 
EPA previously selected as a remedy at the Site in a 1990 ROD, or a 
contingent remedy if the ELGE alternate remedy is selected but fails to 
meet performance standards. EPA agrees to share the costs of those 
latter two remedial actions.
    The Owner/Operators also agree to pay $125,000 toward natural 
resource damages. Waste Management is obligated to pay $250,000 as a 
penalty for its non-compliance with a prior unilateral administrative 
order at the Site. As with prior settlements at the Site, the owner/
operators also waive all existing claims for contribution against all 
generator or transporter parties, and future claims for contribution in 
the event of a reopener against parties meeting specific criteria.
    The Pennsylvania Department of Environmental Protection (PADEP) is 
a co-plaintiff and signatory to this decree. It provides a covenant not 
to sue under CERCLA and its state Superfund statute in exchange for the 
Owner/Operators' agreement to perform the work and operation and 
maintenance at the Site, and to reimburse it for certain past costs and 
natural resource damages. The decree also resolves two small related 
actions, brought under the Federal Debt Procedures Collection Act, 28 
U.S.C. 3001 et seq., and one brought by the Keystone Defendants under 
the Freedom of Information Act, 5 U.S.C.A. 552.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistance 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. Keystone Sanitation Co., Inc., et al., (M.D. Pa.), 
DOJ #90-11-2-656A.
    The consent decree may be examined at the Office of the United 
States Attorney for the Middle District of Pennsylvania, 228 Walnut 
Street, Harrisburg, PA 17108, and at EPA Region III, 1650 Arch Street, 
Philadelphia, PA. A copy of the 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 
enclose a check in the amount of $70.00, payable to the Consent Decree 
Library.

Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-27530 Filed 10-25-00; 8:45 am]
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