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Notice of Lodging of a Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended

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 2241-2242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja02-93]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of a Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
Amended

    Under 42 U.S.C. 9622, notice is hereby given that on December 17, 
2001, a proposed Consent Decree in United States v. City of 
Jacksonville, et al., Civil Action No. 3:01cv1424J 21TEM was lodged 
with the United States District Court for the Middle District of 
Florida, Jacksonville Division.
    In this action, the United States seeks reimbursement of response 
costs, performance of injunctive relief, and payment of natural 
resource damages pertaining to the Whitehouse Oil Pits Site in 
Whitehouse, Florida. The United States alleges that the defendants are 
liable under section 107(a) of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 
because they operated the site at the time of a disposal of hazardous 
substances, or they sent hazardous substances to the site for disposal. 
The defendants in this action are: City of Jacksonville, Florida, 
Anchor Glass Container Corp., BP America, Inc., Chevron Environmental 
Management Co., Chevron USA, Inc., City of Starke, Florida, CSX 
Transportation, Inc., David J. Joseph Company, Exxon Mobil Corporation, 
Florida East Coast Railway, Norfolk Southern Railway, Ryder Truck 
Rental, Inc., USA Petroleum Corporation, Viacom, Inc., Western Auto 
Supply Company.
    In settlement of the claims raised in the Complaint, a group of 
defendants will perform remedial work at the site. This work generally 
requires the installation of a vertical barrier to isolate contaminated 
soil, sludge, and groundwater; installation of a lime ``curtain'' 
inside the barrier to adjust groundwater pH; a cap over portions of the 
site; and realignment of McGirts Creek so that it runs farther away 
from the site. The work is expected to cost approximately $14,067,054, 
including operation, maintenance, and oversight by the United States 
Environmental Protection Agency. Other defendants will contribute to 
the cost of the remedy, as will the United States government and 
parties who are settling their liability under a separate 
administrative settlement. The defendants are also paying $77,000 to 
settle the claim for natural resource damages.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments which are addressed to the Department of Justice in 
Washington, DC and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent: (1) c/o Michael Stephenson, U.S. EPA Region 4, 
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303; 
and/or (2) by facsimile to (202) 353-0296; and/or (3) by overnight 
delivery, other than through the U.S. Postal Service, to Chief, 
Environmental Enforcement Section, 1425 New York Avenue, NW., 13th 
Floor, Washington, DC 20005. Each communication should refer on its 
face to United States v. City of Jacksonville, et al., DOJ No. 90-11-3-
1588. 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 office of the 
United States Attorney for the Middle District

[[Page 2242]]

of Florida, 200 West Forsyth Street, Suite 700, Jacksonville, Florida, 
and at the Region 4 office of the Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia. A copy of the proposed Consent 
Decree may also be obtained by faxing a request to Tonia Fleetwood, 
Department of Justice Consent Decree Library, fax no. (202) 616-6584; 
phone confirmation no. (202) 514-1547. There is a charge for the copy 
(25 cent per page reproduction cost). Upon requesting a copy, please 
mail a check payable to the ``U.S. Treasury'', in the amount of $55.00 
to: Consent Decree Library, U.S. Department of Justice, PO Box 7611, 
Washington, DC 20044-7611. The check should refer to United States v. 
City of Jacksonville, et al., DOJ No. 90-11-3-1588. In requesting a 
copy exclusive of exhibits and defendants' signatures, please enclose a 
check in the amount of $13.75 (25 cents per page reproduction cost) 
payable to the Consent Decree Library.

Ellen Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-1116 Filed 1-15-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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