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Notice of Lodging of Consent Decree Pursuant to the Comprehe

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 Notice of Lodging of Consent Decree Pursuant to the Comprehe






[Federal Register: January 5, 1995]















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; ASARCO Inc.






    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR 

19029, and 42 U.S.C. 9622(d), notice is hereby given that on December 

23, 1994, a proposed Consent Decree was lodged with the United States 

District Court for [[Page 1801]] the Western District of Washington in 

United States v. ASARCO Inc., Civil Action No. C94-5714RJB. 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 Ruston/North Tacoma Study 

Area operable unit of the Commencement Bay Nearshore/Tideflats 

Superfund Site in the Town of Ruston and City of 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 Ruston/North Tacoma Study Area (the Study Area), an area of 

approximately 950 acres that lies within approximately a one mile 

radius of the former Asarco smelter.


    In the 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. 9606 and 9607(a), and Section 7003 of the Resource Conservation 

and Recovery Act (RCRA), 42 U.S.C. 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 Study Area. 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 the Study Area.

    Pursuant to the Consent Decree, Asarco has agreed to sample 

properties and areas within the Study Area, excavate soil and slag from 

properties that exceed action levels for lead and arsenic, and replace 

excavated soil and slag with clean soil and gravel. The estimated value 

of the work to be performed is $26 million. Asarco will also develop 

and implement a community protection measures (CPM) program for the 

Study Area. The CPM program will contain provisions to ensure the 

integrity of clean soil caps where they are placed over contaminated 

soil that is deeper than the maximum depth to which Asarco must 

excavate, and to inform current and future property owners wherever a 

clean soil cap covering contaminated soil exists on their property. The 

CPM program will also advise residents how to reduce exposure to soils 

that are not removed but that contain concentrations of arsenic or lead 

that exceed either action levels or levels commonly found in urban 

areas. The Consent Decree further requires Asarco to develop and 

implement a soil testing, collection and disposal program to apply when 

contaminated soil is excavated in the future from beneath a clean cap 

or other area where contaminated soil remains, including from areas 

beneath roadways and other hard surfaces. Asarco will also reimburse 

EPA for $2,668,443 in past response costs that EPA has incurred in the 

Study Area and will reimburse EPA for all of its future response costs.

    In exchange, Asarco will receive a covenant not to sue from the 

United States with respect to the Study Area for claims pursuant to 

Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA, 42 U.S.C. 

6973.


    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-

698C.


    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 Ruston/North 

Tacoma Study Area 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 $20.25 

(without exhibits) or $202.50 (with exhibits) (25 cents per page 

reproduction cost) payable to the ``Consent Decree Library.''

Bruce Gelber,


Acting Chief, Environmental Enforcement Section, Environment and 

Natural Resources Division.


[FR Doc. 95-184 Filed 1-4-95; 8:45 am]


BILLING CODE 4410-01-M

 
 

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