[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Notices]
[Page 10408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4565]



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DEPARTMENT OF JUSTICE


Lodging of Consent Decree Pursuant to the Resource Conservation 
and Recovery Act

    In accordance with Departmental policy, notice is hereby given that 
a proposed consent decree in United States v. Adflex Corporation, et 
al., Civ. No. 95-CV-0012, was lodged on January 6, 1995, in the United 
States District Court for the Western District of New York. The consent 
decree settles an action commenced in a complaint filed January 6, 
1995, under section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607(a). The Complaint seeks recovery of response costs incurred 
by EPA in performing a removal action at the Envirotek I Superfund Site 
(the ``Site''), located at 153 Fillmore Avenue, Tonawanda, New York. 
The Site was formerly a paint and asphalt manufacturing facility and 
consists of twelve buildings in various states of disrepair on 
approximately two acres of land at 153 Fillmore Avenue, Tonawanda, New 
York. The removal action included the sorting, segregating and disposal 
of approximately 500 drums containing raw and waste materials 
classified as flammable, combustible, corrosive and otherwise hazardous 
materials under RCRA; 1700 containers of 10 gallons or less in size; 15 
tanks and vats; 2 underground tanks; 6 electrical transformers 
containing PCBs; approximately two dozen pallets of bagged pigments and 
resins, including 20 bags of asbestos; and assorted powders and liquids 
spilled onto the floors of various buildings. The defendants are 
parties who are alleged to have arranged for the disposal or treatment 
of hazardous substances that were disposed of at the Site.
    The Consent Decree provides for payment by the defendants of 
$1,098,771.37. The Consent Decree also resolves the liability of the 
United States Department of Energy in connection with a federal 
facility whose wastes may have been sent 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, DC 20530, and should refer to United 
States v. Adflex Corporation, et al., DOJ Ref. #90-11-2-465A.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Federal Center, 138 Delaware Avenue, Buffalo, 
New York; the Region II Office of the Environmental Protection Agency, 
26 Federal Plaza, New York, New York; and at the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 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, NW., 
4th Floor, Washington, DC 20005. In requesting a copy please refer to 
the referenced case and enclose a check made payable to the Consent 
Decree Library in the amount of $19.25 (25 cents per page reproduction 
costs).
Joel M. Gross,
Acting Chief, Environmental Enforcement Section.
[FR Doc. 95-4565 Filed 2-23-95; 8:45 am]
BILLING CODE 4410-01-M