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Notice of Lodging of Consent Degree 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 23, 2002 (Volume 67, Number 15)]
[Notices]
[Page 3232-3233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja02-103]

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

    Pursuant to Section 122(d)(2) of the Comprehensive Environmental 
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 
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. 9606, 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 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 $35 million in future oversight costs), which will 
be funded through Work Defendant contributions, payments by Cash 
Defendants and escrow accounts established under prior settlement 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 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, Environmental and Natural Resources Division, Department of 
Justice, and sent: (1) c/o Noel Wise, United States Department of 
Justice, 301 Howard Street Suite 1050, San Francisco, CA 94105; 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

[[Page 3233]]

Attorney for the EPA Region 9 Superfund Records Center, 75 Hawthorne 
Street, Fourth Floor, San Francisco, California 94105, and at the 
Office of the United States Attorney for the Central District of 
California, Federal Building, Room 7516, 300 North Los Angeles Street, 
Los Angeles, California 90012. 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 $250.50 to: 
Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611. The check should refer to United States v. 
Chevron Environmental Management Co., et al., DOJ Ref. #90-11-2-156/4.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-1566 Filed 1-22-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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