[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35456-35457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16754]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that three proposed consent decrees in 
United States v. Drum Service Company of Florida, et al., Civil No. 98-
697-Civ-Orl-28C, were lodged on June 28, 2001, with the United States 
District Court for the Middle District of Florida.
    The first proposed consent decree (``Drum Service Consent Decree'') 
would resolve certain claims under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, 42 U.S.C. 9607, as amended, against Drum Service Co. of 
Florida (``Drum Service'') for performance of response work and 
recovery of response costs incurred and to be incurred by the 
Environmental Protection Agency in connection with the release of 
hazardous substances at the Zellwood Groundwater Contamination 
Superfund Site (``Site'') in Zellwood, Orange County, Florida. The 
United States alleges that Drum Service is liable as a person who owns 
and operates a portion of the Site and who owned and operated a portion 
of the Site at the time of the release of a hazardous substance.
    The proposed Drum Service Consent Decree would resolve the 
liability of Drum Service with respect to the Site. The proposed Drum 
Service Consent Decree would release claims against Drum Service for 
performance of the remedy selected in the Record of Decision entitled 
``Groundwater Operable Unit 2 (OU2) at the Zellwood Groundwater 
Contamination Site, Zellwood, Orange County, Florida'' signed by the 
Environmental Protection Agency on August 23, 2000 (``ROD''). The 
proposed Drum Service Consent Decree would also release claims for 
response costs incurred and to be incurred by the Environmental 
Protection Agency in responding to releases and threatened releases of 
hazardous substances at and from the Site. To resolve these claims, 
Drum Service would perform the remedy selected in the ROD, would pay 
$3,000,000.00 to the Hazardous Substances Superfund to reimburse the 
United States for Past Response Costs, and would reimburse the United 
States for certain Future Response Costs. The proposed Drum Service 
Consent Decree includes a covenant not to sue by the United States 
under Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9606 and 9607.
    The second proposed consent decree (``Murphy Consent Decree'') 
would resolve certain claims under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, 42 U.S.C. 9606, 9607, as amended, and Section 7003 of the 
Resource Conservation and Recovery Act, 42 U.S.C. 6973, against J. 
Michael Murphy, for performance of response work and recovery of 
response costs incurred and to be incurred by the Environmental 
Protection Agency in connection with the release and threatened release 
of hazardous substances at the Site. The United States alleges that Mr. 
Murphy is liable as a person who operated a portion of the Site at the 
time of the release of a hazardous substance.
    The proposed Murphy Consent Decree would resolve the liability of 
Mr. Murphy with respect to the Site. The proposed Murphy Decree would 
release claims against Mr. Murphy for performance of the remedy 
selected in the ROD, and for response costs incurred and to be incurred 
by the Environmental Protection Agency in responding to releases and 
threatened releases of hazardous substances at and from the Site. To 
resolve these claims, Mr. Murphy agrees to held jointly and severally 
liable for the $3,000,000.00 payment to be made by Drum Service 
pursuant to the Drum Service Consent Decree. The proposed Murphy 
Consent Decree includes a covenant not to sue by the United States 
under Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9606 and 9607, and 
under Section 7003 of the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6973.
    The third proposed consent decree (``Other Parties Consent 
Decree``) would resolve certain claims under Sections 106 and 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, 42 U.S.C. 9606, 9607, as amended, and Section 7003 of the 
Resource Conservation and Recovery Act, 42 U.S.C. 6973, against 
Douglass Fertilizer & Chemical Co., Spencer Douglass, Mallory 
Corporation, the Estate of Irving Feinberg and CSX Transportation 
(collectively the ``Other Parties''), for performance of response work 
and recovery of response costs incurred and to be incurred by the 
Environmental Protection Agency in connection with the release and 
threatened release of hazardous substances at the Site. The United 
States alleges that Douglass Fertilizer & Chemical Co. and Mallory 
Corporation are liable as persons who owned and operated a portion of 
the Site at the time of the release of a hazardous substance. The 
United States alleges that Spencer Douglass and the Estate of Irving 
Feinberg are liable as persons who operated a portion of the Site at 
the time of the release of a hazardous substance. The United States 
alleges that CSX Transportation is liable as a person who owned a 
portion of the Site at the time of the release of a hazardous 
substance.
    The proposed Other Parties Consent Decree would resolve the 
liability of the

[[Page 35457]]

Other Parties with respect to the Site. The proposed Other Parties 
Consent Decree would release claims against the Other Parties for 
performance of the remedy selected in the ROD, and would release claims 
for response costs incurred and to be incurred by the Environmental 
Protection Agency in responding to releases and threatened releases of 
hazardous substances in and from the Site. To resolve these claims, the 
Other Parties agree to pay a total of $381,000.00 to the Hazardous 
Substances Superfund. The proposed Other Parties Consent Decree 
includes a covenant not to sue by the United States under Sections 106 
and 107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, 42 U.S.C. 9606 and 9607, and under Section 7003 
of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 
6973.
    In addition, the proposed Other Parties Consent Decree contains a 
covenant not to take administrative action under these statutes against 
six Settling Federal Agencies, including Defense Reutilization and 
Marketing Service (DRMS), United States Department of the Navy, United 
States Department of the Army, United States Department of the Air 
Force, United States Department of Energy, United States General 
Services Agency, and National Aeronautics & Space Administration. The 
Environmental Protection Agency would make this covenant in return for 
a payment by the six Settling Federal Agencies of $375,000.00 to the 
Hazardous Substances Superfund.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the three 
proposed consent decrees. Commenters on the proposed Murphy Consent 
Decree and Other Parties Consent Decree may request an opportunity for 
a public meeting in the affected area, in accordance with Section 
7003(d) of RCRA, 42 U.S.C. 6973(d). Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, Department of Justice, PO Box 7611, Washington, DC 20530, and 
should refer to United States v. Drum Service Company of Florida, et 
al., M.D. FL, Civil No. 98-687-Civ-Orl-28C, DOJ Ref. #90-11-2-266 and 
#90-11-2-266/1.
    The proposed consent decrees may be examined at the Region 4 Office 
of the Environmental Protection Agency, 61 Forsyth Street, Atlanta, GA 
30303 and the United States Attorney's Office for the Middle District 
of Florida, Federal Building & U.S. Courthouse, 80 N. Hughey Avenue, 
Orlando, Florida 32801, c/o Assistant U.S. Attorney Roberto Rodriguez. 
A copy of the proposed consent decree may be obtained by mail from the 
Consent Decree Library, Post Office Box 7611, Washington, DC 20044. In 
requesting copies please refer to the referenced case and enclose a 
check in the amount of $58.00 for the Drum Service Consent Decree; 
$4.75 for the Murphy Consent Decree, and $7.50 for the Other Parties 
Consent Decree (25 cents per page reproduction costs), payable to the 
Consent Decree Library.

Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-16754 Filed 7-3-01; 8:45 am]
BILLING CODE 4410-15-M