Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices 18425

Under the proposed prospective

purchaser agreement, Bryan Investments

has made the following commitments:

(1) Pay $100,000 in cash upon obtaining

title to the Chemical Sales Property; (2)

perform a removal action with respect to

all chemicals located above ground at

the Chemical Sales Property; and (3)

investigate the status of certain

underground storage tanks at the

Chemical Sales Property and remediate

any contamination emanating from

those tanks. In exchange, the United

States and the State will provide a

covenant not to sue to Bryan under the

Comprehensive Environmental,

Response, Compensation, and Liability

Act for existing contamination at the

Chemical Sales Property. The covenant

not to sue is subject to Bryan’s full

compliance with the proposed

Agreement.

The Department of Justice will receive

written comments relating to the

proposed Agreement for thirty (30) days

from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Chemical Sales

Co., et al., D.J. Ref. No. 90–11–2–748B.

The proposed Agreement and exhibits

may be examined at the following

locations: the Region 8 Office of EPA,

999 18th Street, Suite 500, Denver,

Colorado.

A copy of the proposed Agreement (if

requested) may be obtained in person or

by mail from the Consent Decree

Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005, (202) 624–

0892. In requesting copies, please

enclose a check in the amount of $12.00

(25 cents per page reproduction cost)

payable to the ‘‘Consent Decree

Library.’’

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8809 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–-01–M

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

In accordance with Department of

Justice Policy, 28 CFR 50.7, notice is

hereby given that on March 29, 1995, a

proposed consent decree was lodged

with the United States District Court for

the District of Colorado in United States

v. Chemical Sales Company, et al., CA

No. 94–M–2876. The proposed consent

decree settles claims asserted by the

United States, at the request of the

United States Environmental Protection

Agency (EPA) and the United States

Department of the Army, and by the

State of Idaho for releases and

threatened releases of hazardous

substances at the Chemical Sales

Superfund Site near Denver, Colorado.

The persons and entities named as

defendants are Chemical Sales

Company, Inc.; Bernard Katz,

individually, as a general partner of

M.K. Partners, as personal

representative of the Estate of Eunice

Katz, as an acting trustee of the Bernard

P. Katz Children’s Trust; Daniel Katz,

individually, as a general partner of

M.K. Partners, as personal

representative of the Estate of Moses

Katz, and as an acting trustee of the

Daniel I. Katz Trust; Myrna Kesselman;

M.K. Partners; the Bank of Cherry Creek,

as trustee of the Moses and Eunice Katz

Trusts; and Lois Alterman, as an acting

trustee for the Bernard P. Katz

Children’s Trust.

In the complaint, the United States

asserted claims pursuant to Section

107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA), as amended, 42 U.S.C.

9607(a), the Federal Priorities Act, 31

U.S.C. 3713, and the Federal Debt

Collection Procedure Act, 28 U.S.C.

3301, for recovery of costs that have

been and will be incurred in response

of releases and threatened releases of

hazardous substances at the Chemical

Sales Superfund Site near Denver,

Colorado. The State of Colorado asserted

a claim for recovery of costs pursuant to

Section 107(a) of CERCLA, 42 U.S.C.

9607(a) and applicable State law

theories.

Under the proposed Consent Decree,

the Defendants have made the following

commitments: (1) Pay $1.125 million in

cash, representing the proceeds of an

insurance settlement between Chemical

Sales Company and certain of its

insurers; (2) pay up to $1 million from

various Katz family trusts and estates;

(3) and transfer their interests in the

Chemical Sales Property to G.L. Bryan

Investments, Inc., pursuant to a

prospective purchaser agreement

between the United States and Bryan. In

exchange, the United States and the

State will provide a covenant not to sue

to the Defendants (except defendant

Bernard Katz) without the usual

reopeners.

In exchange for the commitments

made by the settling Defendants in the

consent decree, the United States and

the State of Colorado have agreed to

provide the Defendants (except

defendant Bernard Katz) with a

complete covenant not to sue without

normal reopener provisions for the Site.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Chemical Sales

Co., et al., D.J. Ref. No. 90–11–2–748A.

The proposed Consent Decree and

exhibits may be examined at the

following locations: the Region 8 Office

of EPA, 999 18th Street, Suite 500,

Denver, Colorado. The complete

Administrative Record for the Chemical

Sales Superfund Site may be reviewed

at the same location.

A copy of the Consent Decree and

exhibits (if requested) may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. In requesting copies, please

enclose a check in the amount of $12.00

(25 cents per page reproduction cost)

payable to the ‘‘Consent Decree

Library.’’

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8810 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Partial Consent

Decree Pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act

Notice is hereby given that a proposed

Partial Consent Decree in United States

v. Kenneth L. Thomas et al., Civil

Action No. 93–4098–JLF (S.D. Ill.)

entered into by the United States and

defendant Kenneth L. Thomas, was

lodged on March 28, 1995, with the

United States District Court for the

Southern District of Illinois. The

proposed Partial Consent Decree

resolves certain claims of the United

States under Section 107 of the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9607, with

respect to the M.T. Richards, Inc. Site

(‘‘Site’’) in Crossville, Illinois. Under

terms of the Partial Consent Decree,

Kenneth L. Thomas will pay the United

States $25,000, plus interest, as

specified in the Partial Consent Decree

in return for the government’s
18426 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

convenant not to sue Mr. Thomas for

past costs incurred at the Site.

The Department of Justice will receive

comments relating to the proposed

Partial Consent Decree for 30 days

following publication of this Notice.

Comments should be addressed to the

Assistant Attorney General,

Environment and Natural Resources

Division, United States Department of

Justice, P.O. Box 7611, Ben Franklin

Station, Washington, D.C. 20044–7611,

and should refer to United States v.

Kenneth L. Thomas et al., D.J. Ref. No.

90–11–3–1112. The proposed Partial

Consent Decree may be examined at the

Office of the United States Attorney for

the Southern District of Illinois, IL–S

USA, Suite 300, 9 Executive Drive,

Fairview Heights, Illinois 62208; the

Region V Office of the United States

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, DC 20005, telephone

no. (202) 624–0892. A copy of the

proposed Partial Consent Decree may be

obtained in person or by person or by

mail from the Consent Decree Library,

1120 G Street, NW., 4th Floor,

Washington, DC 20005. In requesting a

copy, please enclose a check in the

amount of $5.25 (25 cents per page for

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8811 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act and

the Resource Conservation and

Recovery Act

Notice is hereby given that on March

24, 1995, a proposed consent decree was

lodged with the United States District

Court for the District of Idaho in United

States v. Union Pacific Railroad

Company, et al., Action No. CIV 95–

0152–E–HLR. The proposed consent

decree settles claims asserted by the

United States at the request of the

United States Environmental Protection

Agency (EPA) and by the State of Idaho

for releases of hazardous substances at

the twenty-one square mile Bunker Hill

Superfund Site in northern Idaho. The

companies named as defendants are

Union Pacific Railroad Company; and

Stauffer Management Company and

Rhone-Poulenc, Inc. (collectively, the

‘‘Stauffer Entities’’).

In the complaint, the United States

asserted claims against each of the

defendants pursuant to Sections 106

and 107(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA), as amended, 42 U.S.C. 9606

and 9607(a), and Section 7003 of the

Resource Conversation and Recovery

Act, 42 U.S.C. § 6973 (RCRA), for

injunctive relief to abate an imminent

and substantial endangerment to public

health or welfare or the environment

due to the release or threatened release

of hazardous substances at the Bunker

Hill Superfund Site in Shoshone

County, Idaho. The United States also

sought recovery of costs that have been

and will be incurred in response to

releases and threatened releases of

hazardous substances at and from the

Bunker Hill Superfund Site. The State of

Idaho asserted a claim for recovery of

costs pursuant to Section 107(a) of

CERCLA, 42 U.S.C. § 9607(a), against

each of the defendants.

Under the proposed Consent Decree,

the Stauffer Entities have made the

following commitments: (1) The Stauffer

Entities will remediate the A–4 gypsum

pond, a gypsum waste pile within the

Site. (2) the Stauffer Entities will pay

$850,000 to the United States towards

the demolition and remediation of the

phosphate fertilizer plant with the

Bunker Hill industrial complex. EPA

will perform the work. (3) The Stauffer

Entities will pay $150,000 towards the

Institutional Control Program costs at

the Site. (4) The Stauffer Entities will

pay an additional $500,0000 to the

United States and an additional

$500,000 to the State of Idaho.

Union Pacific has made the following

commitments under the Consent Decree:

(1) Union Pacific will perform the

remedial action for the entire seven mile

right-of-way through the Site. (2) Union

Pacific will pay the cost of disposal of

principal threat waste materials

removed from the right-of-way, and it

will pay for the cost of disposal of any

materials removed from the right-of-way

subsequent to certification of

remediation of the right-of-way. (3)

Union Pacific will pay $150,0000

towards the Institutional Control

Program costs at the Site. (4) Union

Pacific will pay an additional $500,000

to the United States and an additional

$500,000 to the State of Idaho as a

premium for the covenant not to sue

that UP is obtaining under the decree.

The Stauffer Entities and Union

Pacific will also pay ‘‘future response

costs’’ incurred by EPA and the State of

Idaho as that term is defined in the

decree.

In exchange for the commitments

made by the settling defendants in the

consent decree, the United States and

the State will provide settling

defendants with covenants not to sue as

set forth in the consent decree.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Union Pacific

Railroad Co., et al., D.J. Ref. No. 90–11–

3–128I. Commenters may request an

opportunity for a public meeting in the

affected area, in accordance with

Section 7003(d) of RCRA.

The proposed Consent Decree and

exhibits may be examined at the

following locations: The Region 10

Office of EPA, 7th Floor Records Center,

1200 Sixth Avenue, Seattle, WA 98101;

the Kellogg Public Library, 16 West

Market, Kellogg, ID 83837; the Kellogg

City Hall, 323 Main Street, Kellogg, ID

83837; the Smelterville City Hall,

Smelterville, ID 83868; and the

Pinehurst/Kingston Library, Pinehurst,

ID 83850. The complete Administrative

Record for the Bunker Hill Superfund

Site may be reviewed at the EPA Region

10 office in Seattle and at the Kellogg

Public Library.

A copy of the Consent Decree and

exhibits (if requested) may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. In requesting copies, please

enclose a check in the amount of $26.50

(without exhibits) or $202.75 (with

exhibits) (25 cents per page

reproduction cost) payable to the

‘‘Consent Decree Library.’’

Joel Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–8812 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–M

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