[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Notices]
[Page 52151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26422]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR Sec. 50.7, and 42 
U.S.C. Sec. 9622(d), notice is hereby given that on September 8, 1997, 
the United States of America, on behalf of the United States 
Environmental Protection Agency (``EPA'') lodged with the United States 
District Court for the Western District of Washington a civil complaint 
against defendants Seattle Disposal Company, John Bancero, Josie 
Razore, and their respective marital communities (``the SDC 
defendants''), Washington Waste Hauling and Recycling, Inc. 
(``Washington Waste Hauling''), Monsanto Company, the Board of Regents 
of the University of Washington, Lockheed Martin Corporation, the Port 
of Seattle, Sears, Roebuck & Company, R.W. Rhine, Inc., the City of 
Mercer Island, Washington, the Seattle School District, and Quemetco, 
Inc., in the civil action styled United States v. Seattle Disposal 
Company, et al., Civil Action No. C97-1462-Z. The complaint states 
claims for relief against the defendants under Sections 106 and 107 of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (``CERCLA''), 42 U.S.C. Secs. 9606 & 9607, for an order requiring 
the implementation of the permanent environmental remedy selected by 
EPA for the Site, and for the recovery of costs incurred in response to 
releases of hazardous substances at the Tulalip Landfill Superfund Site 
in Marysville, Washington (``the Site''). The complaint also states 
claims for relief against the Tulalip Tribes under Section 309 of the 
Clean Water Act (``the Act''), 33 U.S.C. 1319, for civil penalties and 
injunctive relief for discharges of pollutants from the landfill in 
violation of Section 301 of the Act, 33 U.S.C. Sec. 1311. The Tulalip 
Tribes of Washington and the Tulalip Section 17 Corporation (together 
``the Tulalip Tribes'') are listed as a defendants-in-intervention in 
the complaint and intend to file a motion to intervene in this action 
prior to the entry of the consent decrees.
    On September 8 the United States also lodged three consent decrees 
in this action resolving all of the claims for relief stated against 
the defendants in the complaint. The first consent decree resolves the 
United States' claims against defendant Washington Waste Hauling and 
defendants-in-intervention the Tulalip Tribes. This consent decree 
requires defendant Washington Waste Hauling to implement the remedy 
selected by EPA for the Site and conduct operation and maintenance of 
the remedy for up to five years. The consent decree also requires the 
Tulalip Tribes to take over operation and maintenance of the remedy 
after Washington Waste Hauling fulfills its operation and maintenance 
obligations. The consent decree also requires the Tulalip Tribes to pay 
$1,000,000 toward operation and maintenance costs at the Site.
    To second consent decree resolves the United States' claims against 
the SDC defendants. This consent decree requires the SDC defendants to 
pay $9.5 million towards the cost of implementing EPA's selected remedy 
for the Site and reimbursement of costs incurred by EPA in response to 
releases of hazardous substances at the Site.
    The third consent decree resolves the United States' claims against 
the remaining defendants, and the potential counterclaims against the 
United States Navy and the Bureau of Indian Affairs of the United 
States Department of Interior (``BIA'') with respect to the Site. The 
consent decree requires the remaining defendants and the settling 
federal agencies to pay $4,645,457.00 toward the cost of implementing 
EPA's selected remedy for the Site.
    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 decrees. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States versus Seattle Disposal Company, et al., DOJ Ref. #90-11-
3-1412.
    The proposed consent decrees may be examined at the office of the 
United States Attorney, 1010 Fifth Avenue, Seattle, WA 98104; the 
Region 10 Office of the Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101; and at the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy 
of the proposed consent decrees may be obtained in person or by mail 
from the Consent Decree Library, 1120 G Street, N.W., 4th Floor, 
Washington, D.C. 20005. In requesting copies please refer to the 
referenced case, specify which decree or decrees you would like to 
receive, and enclose a check payable to the Consent Decree Library (25 
cents per page reproduction costs): the decree with Seattle Disposal 
Company, Mr. Razore and Mr. Banchero, $10.50 without attachments, or 
$71.25 with attachments; the decree with Washington Waste Hauling, 
$41.50 without attachments, or $215.25 with attachments; the decree 
with the remaining defendants (referred to as ``Generator 
Defendants''), $17.75 without attachments, or $176.00 with attachments.
Joel Gross,
Chief, Environmental Enforcement Section Environment and Natural 
Resources Division.
[FR Doc. 97-26422 Filed 10-3-97; 8:45 am]
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