60210 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Notices

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–26018 Filed 10–5–00; 11:04 am]

BILLING CODE 7020–02–U

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response

Compensation and Liability Act

(‘‘CERCLA’’)

Consistent with Departmental policy,

28 CFR 50.7, and under Section 122(d)

of CERCLA, 42 U.S.C. 9622(d), notice is

hereby given that a proposed consent

decree in United States and State of

New York v. City of Batavia, et al., Civ.

No. 00–CV–0838E(SR), was lodged on

September 29, 2000 with the United

States District Court for the Western

District of New York. The Consent

Decree concerns hazardous waste

contamination at the Batavia Landfill

Superfund Site (the ‘‘Site’’), located in

the Town of Batavia, Genesee County,

New York. The Consent Decree would

resolve the liability in connection with

the Site for implementation of response

actions, reimbursement of response

costs incurred and to be incurred by the

United States, and natural resource

damages, as to twenty defendants

against whom the United States filed a

complaint on behalf of the United States

Environmental Protection Agency

(‘‘EPA’’) and the Secretary of the United

States Department of the Interior

(‘‘DOI’’). The Consent Decree would also

resolve the liability to the State of New

York of essentially the same group of

defendants for reimbursement of

response costs incurred by the State of

New York in connection with the Site.

In addition, the Consent Decree would

resolve any liability the United States

on behalf of the Veterans

Administration may have for response

actions, reimbursement of response

costs, or natural resource damages in

connection with the Site.

The Consent Decree requires three of

the settling defendants—the City of

Batavia, the Town of Batavia, and N L

Industries, Inc. (‘‘the Settling Work

Defendants’’)—to perform the remedial

action at the Site selected by EPA in its

1995 Record of Decision at an estimated

cost of approximately $12.78 million

and to reimburse the United States

approximately three-fourths of the

United States’ future response costs in

connection with the Site. The Settling

Work Defendants will also create six

acres of wetlands and pay $51,000 in

full reimbursement of the DOI’s past

costs of assessing natural resource

damages and estimated future costs of

monitoring wetlands work at the Site.

The United States will fund

approximately one-fourth of this

settlement, by relinquishing its claim for

approximately $4 million in past

response costs incurred by EPA in

connection with the Site, and by preauthorizing the Settling Work

Defendants to apply for up to

approximately $808,000 in

reimbursement from the Hazardous

Substance Superfund (established by 26

U.S.C. 9507), and for approximately

one-fourth of any excess of costs

incurred by the Settling Work

Defendants above the projected cost

total for the remedial action. The other

settling defendants, and the United

States on behalf of the Veterans

Administration, will resolve their

liability by making payments in

accordance with a private settlement

agreement among the defendants into an

escrow account established by the

Settling Work Defendants. The United

States’ payment to the escrow account

on behalf of the Veterans

Administration is $565,226.

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 and State of New York v. City of

Batavia, et al., DOJ Ref. #90–11–2–861.

The proposed consent decree may be

examined at the office of the United

States Attorney for the Western District

of New York, 138 Delaware Avenue,

Buffalo, New York 14202 (contact

Assistant United States Attorney Mary

K. Roach); and the Region II Office of

the Environmental Protection Agency,

290 Broadway, New York, New York,

10007–1866 (contact Assistant Regional

Counsel Beverly Kolenberg). A copy of

the proposed consent decree may be

obtained by mail from the Consent

Decree Library, P.O. Box 7611,

Washington, DC 20044–7611. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $25.25 (25 cents per page

reproduction costs) for the Consent

Decree without Appendices, or in the

amount of $68.25 for the Consent Decree

with all Appendices, payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 00–25902 Filed 10–6–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Proposed Agreement

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

Notice is hereby given of a proposed

Prospective Purchaser Agreement and

Covenant Not to Sue between the

United States on behalf of the U.S.

Environmental Protection Agency

(‘‘EPA’’) and Renaissance Land

Associates, LP, and Renaissance Land

Associates Acquisition Corporation

(hereinafter referred to as ‘‘Purchasers’’).

The proposed agreement would allow

Purchasers to acquire title to

approximately 5 acres of land (‘‘the

Property’’) within the Crater Resources

Superfund Site (‘‘Site’’) located in King

of Prussia, Upper Merion Township,

Pennsylvania, without becoming liable

under CERCLA (the Comprehensive

Environmental Response, Compensation

and Liability Act, as amended, 42 U.S.C.

9601 et seq.) for pre-existing

contamination at the Site. Purchasers

plan to develop the Property for

commercial office uses. In consideration

of the Agreement, Purchasers will pay

the United States $100,000 to be used as

partial reimbursement for past response

costs incurred at the Site. In addition,

Purchasers will conduct any necessary

sampling and cleanup of contamination

located on the Property.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

agreement. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to In the matter of Crater

Resources Superfund Site—Agreement

and Covenant Not To Sue, Docket

Number CERC–PPA–2000–0010, DOJ

Ref. #90–11–2–1283.

The proposed Agreement may be

examined and copied at the Region III

Office of the Environmental Protection

Agency, c/o Yvette Hamilton-Taylor,

Senior Assistant Regional Counsel, 1650

Arch Street, Philadelphia, PA 19103. A

copy of the proposed Agreement may be

obtained by mail from the Consent