[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Notices]
[Pages 22072-22073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11802]



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DEPARTMENT OF JUSTICE

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

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7 and 42 
U.S.C. 9622(d)(2), notice is hereby given that two proposed consent 
decrees in United States v. Maryland Sand, Gravel, & Stone Company, et 
al., Civil Action No. HAR-89-2869, were lodged on April 22, 1996, with 
the United States District Court for the District of Maryland.
    The complaint filed by the United States in October 1989 seeks to 
recover past, unreimbursed costs under Section 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C.

[[Page 22073]]

9607, incurred by the United States in connection with response actions 
taken at the Maryland Sand, Gravel and Stone Superfund Site (``Site'') 
located in Elkton, Maryland. As part of its complaint, the United 
States sought recovery of costs from, inter alia, A&S Manufacturing 
Company, Schering Corporation and Westinghouse Electric. In turn, these 
parties sought contribution from, inter alia, E.R. Squibb & Sons and 
Martin Alexander.
    The first consent decree is between the United States, A&S 
Manufacturing and Martin Alexander. This decree requires these parties 
to pay to the United States $105,000 in reimbursement of past response 
costs associated with Operable Units I and II of the Maryland Sand 
Site. The settlement is based on a demonstration by A&S Manufacturing 
of its inability to reimburse the United States for any additional 
response costs. Under the terms of the decree, the United States has 
specifically reserved its right to seek further relief from A&S and 
Alexander for any future claims not specifically addressed in the 
decree. The decree also contains a reopener provision that allows the 
United States and any party that has paid past response costs as 
defined in the decree to seek further reimbursement from A&S or 
Alexander should either of them obtain insurance coverage for such 
claims.
    The second decree is between the United States, Schering 
Corporation, Westinghouse Electric Company, Inc., and E.R. Squibbs & 
Sons, Inc. Under the terms of this decree Schering Corporation will pay 
$1,942,084, Westinghouse will pay $577,916 and E.R. Squibb will pay 
$50,000 in reimbursement of the United States' response costs. Under 
the terms of the decree, the United States has specifically reserved 
its right to seek further relief from these parties for any future 
claims not specifically addressed in the decree.
    The consent decrees include a covenant not to sue by the United 
States under Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. 
(``CERCLA''), and under Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6973 for past response costs.
    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, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044, and should refer to United States v. Maryland Sand, Gravel 
& Stone Company, et al., DOJ Ref. #90-11-2-225A. Commenters may request 
an opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA.
    The proposed consent decrees may be examined at the Office of the 
United States Attorney, District of Maryland, U.S. Courthouse, 101 
Lombard Street, Baltimore, Md. 21201; Region III Office of the 
Environmental Protection Agency, 841 Chestnut Street, Philadelphia, 
Pa.; 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 
decrees may be obtained in person or by mail from the Consent Decree 
Library at the address listed above. In requesting a copy, please refer 
to the referenced case and number, 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,
Environmental Enforcement Section, Environment and Natural Resource 
Division.
[FR Doc. 96-11802 Filed 5-10-96; 8:45 am]
BILLING CODE 4410-01-M