[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Page 63385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31199]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'') of 
1980

    Notice is hereby given that a proposed Consent Decree in United 
States v. Larry A. Bell, et al., Civil Action No. 3-96-CV-80047, was 
lodged on October 29, 1997, with the United States District Court for 
the Southern District of Iowa, Davenport Division.
    The complaint alleges that defendants Larry A. Bell (``Bell'') and 
Bell Cedaridge Development, Inc. (``Bell Cedaridge'') are liable for 
the United States' approximately $740,000 in response costs at the 
Davenport Lead Superfund Site (``Site''), located at 5403 Ricker Hill 
Road, Davenport, Iowa, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 
Sec. 9607(a). The complaint also includes an in rem action to recover 
these costs, which are secured by a CERCLA lien against the Site, 
pursuant to Section 107(l) of CERCLA, 42 U.S.C. Sec. 9607(l).
    The Site, a partially-wooded lot owned by defendant Bell Cedaridge, 
was used as a disposal site for ebonite and other battery components in 
the early 1970s. As a result, on-Site soils were contaminated with lead 
at levels of up to 27,300 mg/kg. The United States Environmental 
Protection Agency (``EPA'') incurred its approximately $740,000 in 
response costs in this case by conducting a removal action at the Site 
in 1993.
    The only valuable asset owned by Bell and Bell Cedaridge is the 
Site itself, which is appraised at approximately $49,000. The Site is 
subject to an approximate $25,000 mortgage and the CERCLA lien that 
secures the United States' response costs. Under the proposed consent 
decree, defendants Bell and Bell Cedaridge shall sell the Site and pay 
to United States the proceeds from the sale, less costs of the sale and 
amounts paid to secured lienholders with lien interests superior to the 
United States' interest. In exchange, the United States will grant Bell 
and Bell Cedaridge a Covenant Not to Sue for the claims set forth in 
the complaint, and release the 107(l) lien attached to 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 decree. 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 v. Larry A. Bell, et al., DOJ Ref. #90-11-2-1008.
    The proposed consent decree may be examined at the office of the 
United States Attorney, District of Iowa, U.S. Courthouse Annex, 110 E. 
Court Avenue, Des Moines, Iowa 50304, (515) 284-6257; the Region VII 
Office of the Environmental Protection Agency, 726 Minnesota Avenue, 
Kansas City, KS 66101, (913) 551-7010; 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 decree 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 requiring a copy please refer to 
the referenced case and enclose a check in the amount of $9.00 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-31199 Filed 11-26-97; 8:45 am]
BILLING CODE 4410-15-M