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

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

 


[Federal Register: January 16, 2002 (Volume 67, Number 11)]
[Notices]
[Page 2240-2241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja02-91]

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

    Pursuant to Section 122(d)(2) of the Comprehensive Environental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 
9622(d)(2), and 28 CFR 50.7, notice is hereby given that a proposed 
consent decree embodying a settlement in United States v. Chevron 
Environmental Management Co., et al., No. CV 01-11162 MMM (JWJx), was 
lodged on December 28, 2001, with the United States District Court for 
the Central District of California, Western Division.
    In a complaint filed concurrently with the lodging of the consent 
decree, the United States, the State of California, and the California 
Hazardous Substance Account, seek injunctive relief for performance of 
response actions and reimbursement of response costs incurred by the 
United States Environmental Protection Agency (``EPA'') and by the 
California Department of Toxic Substances Control (``DTSC''), pursuant 
to sections 106 and 107 of CERCLA, 42 U.S.C. 96060, 9607, in response 
to releases of hazardous substances at the Operating Industries, Inc. 
(``OII'') Superfund site in Monterey Park, California. Under the 
proposed consent decree, the settling defendants have agreed to pay 
response costs and fund and perform future response actions at the OII 
Site.
    Overall this consent decree has a combined value of approximately 
$340 million, contributed by the respective parties in cash, or work 
commitments and reimbursement of past response costs. The settlement 
addresses the full implementation of the final remedy at the Site. 
Under this settlement, Work Defendants will perform the Work required 
by the consent decree, valued at approximately $297 million ($262 
million in work plus $25 million in future oversight costs), which will 
be funded through Work Defendant contributions, payments by Cash 
Defendants and escrow accounts established under prior settlements or 
to be established under this settlement. EPA will receive approximately 
$10 million to be placed in a Special Account, which is available to 
pay for Excluded Work. The settlement also includes an agreement by the 
United States Navy to pay approximately $1 million to resolve the 
Navy's potential liability at the OII site.
    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, 
U.S. Department of Justice, Box 7611 Ben Franklin Station, Washington, 
D.C. 20044-7611, and should refer to United States v. Chevron 
Environmental Management Co. et al., DOJ Ref.#90-11-2-156/4. Commenters 
may request a public hearing in the affected area, pursuant to Section 
7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed consent decree may be examined at the EPA Region 9 
Superfund Records Center, 75 Hawthorne Street, Fourth Floor, San 
Francisco, California 94015, and at the Office of the United States 
Attorney for the Central District of California,

[[Page 2241]]

Federal Building, Room 7516, 300 North Los Angeles Street, Los Angeles, 
California 90012. A copy of the proposed consent decree may be also be 
obtained by mail from the Department of Justice Consent Decree Library, 
Box 7611, Ben Franklin Station, Washington, DC 20044-7611. In 
requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $250.50 (25 cents per page reproduction costs), 
payable to the Consent Decree Library. A copy of the decree, exclusive 
of the defendants' signature pages and the attachments, may be obtained 
for $54.50.

Catherine McCabe,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-1114 Filed 1-15-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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