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

 Notice of Lodging of Consent Decree Pursuant to the Comprehe


[Federal Register: July 9, 1996 (Volume 61, Number 132)]
[Notices]               

[Page 36081-36082]

>From the Federal Register Online via GPO Access [wais.access.gpo.gov]







DEPARTMENT OF JUSTICE

 

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


    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR 
19029, and 42 U.S.C. Sec. 9622(d), notice is hereby given that on June 
24, 1996, a proposed Consent Decree was lodged with the United States 
District Court for the Western District of Washington, United States v. 
ASARCO Inc., Civil Action No. C91-5528B. The proposed Consent Decree 
settles claims asserted by the United States at the request of the 
United States Environmental Protection Agency (EPA) for releases of 
hazardous substances at the Asarco Smelter Operable Unit of the 
Commencement Bay Nearshore/Tideflats Superfund Site in Ruston and 
Tacoma, Washington. The defendant in the action is ASARCO Incorporated 
(Asarco). The claims of the United States on behalf of EPA are based 
upon contamination of the Asarco Smelter Site. The Asarco Smelter Site 
is comprised of the Asarco smelter facility, which is approximately 
sixty-seven acres in size, and the adjacent twenty-three acre slag 
peninsula.

    In its amended complaint, the United States asserted claims against 
Asarco pursuant to Sections 106 and 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), as 
amended, 42 U.S.C. Secs. 9606 and 9607(a), and Section 7003 of the 
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sec. 6973, 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 Asarco Smelter Site. 
The United States also sought recovery of costs that have been and will 
be incurred in response to releases and


[[Page 36082]]


threatened releases of hazardous substances at the Asarco Smelter Site, 
and a declaration that Asarco is liable for such costs.
    In the Consent Decree, Asarco agrees to implement the remedy set 
forth in EPA's Record of Decision (ROD) for the Asarco Smelter Site 
dated March 24, 1995. Asarco agrees to: (1) excavate approximately 
160,000 cubic yards of soil and slag contaminated above action levels; 
(2) dispose of the contaminated soil and demolition debris designated 
as hazardous waste in an on-site containment facility (OCF) which meets 
or exceeds regulatory standards for hazardous waste landfills; (3) cap 
the entire Site with a low-permeability cap composed of layers of clean 
soils, gravel and clay; (4) demolish the remaining buildings and 
structures on the Site; (5) replace the entire surface water drainage 
system; (6) armor portions of the plant site and slag peninsula 
shoreline; (7) continue to monitor the sediments and groundwater under 
an Administrative Order on Consent currently in effect; and (8) develop 
and implement an enforceable program of restrictions and guidelines to 
supplement the actual cleanup activities to ensure that the remedial 
action remains protective and that development activities do not impact 
the long-term effectiveness of the cleanup. Asarco will also reimburse 
the United States for $3,081,510.00 in past response costs that the 
United States has incurred relating to the Asarco Smelter Site and will 
reimburse the United States for all of its future response costs at the 
Site.

    In exchange, Asarco will receive a covenant not to sue from the 
United States with respect to the Asarco Smelter Site for claims 
pursuant to Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA.
    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. ASARCO Inc., D.J. Ref. No. 90-11-2-
698A. Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003 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; ASARCO Information 
Center, 5311 North Commercial, Ruston, Washington 98407; the Tacoma 
Public Library, Main Branch, 1102 Tacoma Avenue South, Northwest Room, 
Tacoma, WA 98402; and Citizens for a Healthy Bay, 771 Broadway, Tacoma, 
WA 98402. The complete Administrative Record for the Asarco Smelter 
Site may be reviewed at the EPA Region 10 office in Seattle and at the 
Main Branch of the Tacoma 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 $22.75 
(without exhibits) or $297.00 (with exhibits) (25 cents per page 
reproduction cost) payable to the ``Consent Decree Library.''
Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.

[FR Doc. 96-17311 Filed 7-8-96; 8:45 am]
BILLING CODE 4410-01-M

 
 

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