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Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'')

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 1, 1998 (Volume 63, Number 104)]
[Notices]               
[Page 29752-29753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn98-124]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA'')

    Notice is hereby given that on May 18, 1998, a proposed Consent 
Decree was lodged with the United States District Court for the 
District of Nebraska in United States v. City of Hastings, et al., Civ. 
No. 8:98 CV 265 (D. Neb.) The proposed Consent Decree settles claims 
asserted by the United States at the request of the United States 
Environmental Protection Agency (``EPA'') under Sections 106 and 107(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9606 and 9607(a), in a 
complaint filed concurrently with the lodging of the proposed Consent 
Decree. The complaint seeks reimbursement of response costs incurred 
and to be incurred by the United States, and the performance of work, 
in response to the release or threatened release of hazardous 
substances at the Hastings Groundwater Contamination Site, North 
Landfill Subsite (``Subsite'') in Hastings, Nebraska.
    Under the proposed Consent Decree, settling defendants--the City of 
Hastings, Nebraska, Dravo Corporation, and Dutton-Lainson Company--will 
perform response actions specified by EPA and value at approximately 
$1.1 million. These settling defendants also will reimburse the EPA 
Hazardous Substance Superfund $1,034,670 for past costs incurred by the 
United States, and will pay a portion of future costs incurred by the 
United States. Bernice Edwards, another settling defendant, will 
reimburse the EPA Hazardous Substance Superfund $10,000 based upon her 
ability to pay.
    In exchange, and conditioned upon the complete and satisfactory 
performance of their obligations under the proposed Consent Decree, the 
settling defendants shall receive a covenant not to sue pursuant to 
Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and 
Section 7003 of RCRA, 42 U.S.C. 6973, to undertake response actions or 
to recover response costs related to the response action selected and 
performed under the proposed Consent Decree at the Subsite. In 
addition, the settling defendants receive contribution protection under 
Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), for matters 
addressed in the proposed Consent Decree. The United States reserves 
the right to pursue the settling defendants in certain circumstances if 
previously unknown conditions or information indicates that response 
actions performed at the Subsite are not protective of human health or 
the environment.
    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 of the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. City of Hastings et al., Civ. No. 8:98 CV 265 and DOJ Ref. 
#90-11-2-1112. Commenters may request an opportunity for a public 
meeting in the affected area, in accordance with Section 7003(d) of 
RCRA, 42 U.S.C. 6973(d).
    The proposed Consent Decree may be examined at the U.S. EPA Region 
7 Office at 726 Minnesota Ave., Kansas City, KS 66101, 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

[[Page 29753]]

Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In 
requesting a copy exclusive of exhibits and signatures, please enclose 
a check in the amount of $22.50 (25 cents per page reproduction cost) 
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-14337 Filed 5-29-98; 8:45 am]
BILLING CODE 4410-15-M

 
 

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