[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Notices]
[Pages 65066-65067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30629]



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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comphrensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that a proposed consent decree in United 
States v. American Color & Chemical Corporation et al., Civil Action 
No. 4: CV-92-1352, was lodged on November 30, 1995 in the United States 
District Court for the Middle District of Pennsylvania. The consent 
decree settles an action brought under the Comprehensive Environmental 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 
et seq., against American Color & Chemical Corporation (``AC&C'') and 
Beazer East, Inc. (``Beazer'') for reimbursement of response costs 
incurred in connection with clean-up of the Drake Chemical Superfund 
Site located in Lock Haven, Pennsylvania.
    Under the proposed settlement, AC&C and Beazer agree to finance and 
perform the groundwater cleanup for Drake Site. In addition, the 
settling defendants will reimburse the United States and the 
Commonwealth of Pennsylvania for past costs in the amounts of $3.6 
million and $400,000, respectively. Additionally, the settling 
defendants will co-ordinate the Drake Site groundwater cleanup with a 
corrective action ongoing at the neighboring AC&C facility pursuant to 
the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 
et seq.
    In consideration of settling defendants' groundwater remediation 
and their reimbursement of $4 million in past costs incurred by the 
United States and the Commonwealth, AC&C and Beazer will receive a 
covenant not to sue under Sections 106 and 107(a) of CERCLA for the 
Drake Site and for CERCLA Section 107 costs associated with RCRA 
management at the AC&C facility. With respect to future liability for 
the remedial action to be performed, the covenant not to sue for 
Section 106 of CERCLA becomes effective upon certification of 
completion of the remedial action by EPA. In addition, the covenants 
not to sue are conditioned upon the complete and satisfactory 
performance by each settling defendant of its obligations under the 
Consent Decree.
    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 

[[Page 65067]]
Natural Resources Division, Department of Justice, Washington, D.C. 
20530, and should refer to United States v. American Color & Chemical 
Corporation et al., DOJ Ref. # 90-11-2-7<greek-A>.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Middle District of Pennsylvania, 1162 Federal 
Building, 228 Walnut Street Harrisburg, PA 17108; the Region III Office 
of the Environmental Protection Agency, 841 Chestnut Building, 
Philadelphia, Pennsylvania, 19107; 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 requesting a copy of the body of the 
proposed decree, please refer to the referenced case and enclose a 
check in the amount of $52.75 (25 cents per page reproduction costs), 
for each copy. The check should be made payable to the Consent Decree 
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 95-30629 Filed 12-15-95; 8:45 am]
BILLING CODE 4410-01-M