Federal Register: February 6, 2001
[Federal Register: February 6, 2001 (Volume 66, Number 25)]
[Notices]
[Page 9095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe01-72]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a consent decree in United States v. Berks Associates
et al., Civil Action No. 91-4868 (E.D. Pa.) was lodged on January 19,
2001, with the United States District Court for the Eastern District of
Pennsylvania. The consent decree resolves the claims of the United
States under section 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (``CERCLA''), 42
U.S.C. 9607(a), for reimbursement of response costs incurred by the
U.S. Environmental Protection Agency (``EPA'') in connection with the
Douglassville Disposal Superfund Site located in Douglassville, Berks
County, Pennsylvania. The settling defendants are Conrail, Cabot
Corporation, CSX Transportation, Inc., the Glidden Company, Lehigh
Valley Railroad, American Premier Underwriters, Inc., Kimberly Clark
Corporation, Shell Oil Company, Southeastern Pennsylvania
Transportation Authority, Chevron, and A&A Waste Oil, and Lester Schurr
d/b/a Berks Associates, Inc.
In addition, the consent decree resolves counterclaims of the
settling defendants against 8 federal agencies including the
Departments of Defense, Army, Air Force, Navy, U.S. Coast Guard, U.S.
Mint, U.S. Post Office, and the U.S. Government Printing Office.
Under the terms of the consent decree, EPA would receive
reimbursement of $13.85 million in costs incurred by EPA at the Site.
In addition, the settling defendants (with the exception of Lester
Schurr, Berks Associates, and A&A Waste Oil) agree to implement, a soil
stabilization remedy at the Site. The settling federal agencies will
pay $5,366,922 toward reimbursement of EPA's past response cost and
$978,712 toward reimbursement of private party defendant response
costs. In addition, the settling federal agencies will pay $3,255,029
toward the implementation of the soil stabilization remedy.
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, Washington, DC 20530, and should refer to
United States v. Berks Associates et al. DOJ # 90-11-2-303. The
proposed consent decree may be examined at the offices of the United
States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA
19106-4476. A copy of the consent decree may also be obtained by mail
from the U.S. Department of Justice Consent Decree Library, P.O. Box
7611, Washington, DC 20044. In requesting a copy, please refer to the
referenced-case and enclose a check in the amount of $35.50 (25 cents
per page reproduction cost exclusive of exhibits), payable to the
Consent Decree Library.
Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division
[FR Doc. 01-3065 Filed 2-5-01; 8:45 am]
BILLING CODE 4410-15-M