Notice of Lodging of Revised Amended Work Plan, Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'')

[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Page 48503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23493]


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DEPARTMENT OF JUSTICE

Notice of Lodging of Revised Amended Work Plan, Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA'')

    In accordance with Departmental policy, notice is hereby given that 
a proposed revised Amended Work Plan was lodged on August 29, 1996, 
with the United States District Court for the Eastern District of 
Pennsylvania (``District Court''), in United States v. Raymark 
Industries, Inc., et al., C.A. No. 85-3073 (E.D. Pa.). Pursuant to a 
Stipulation between the parties in Raymark Industries, the revised 
Amended Work Plan has been substituted for the Amended Work Plan 
(``1993 Plan'') attached to a Modification to Consent Decree that was 
lodged with the District Court on June 29, 1994 (``1994 
Modification'').
    The 1993 Plan conformed the remedy for certain groundwater 
contamination affecting municipal drinking water wells in Hatboro 
Borough, Pennsylvania to the remedy chosen by the United States 
Environmental Protection Agency (``EPA'') in its Record of Decision 
(``ROD'') to abate groundwater contamination at and under the Raymark 
Site, located at 220 Jacksonville Road, Hatboro, Pennsylvania. This was 
necessary because the original Consent Decree, entered in 1989 prior to 
EPA's publication of the ROD, had required the Hatboro Borough 
Municipal Authority (``Hatboro'') to pump and treat water at a location 
different than that later set forth in the ROD. Under the Decree, the 
defendants paid Hatboro, an intervening plaintiff in the Raymark 
Industries case, the sum of $612,500. In return, Hatboro was to pump 
and treat groundwater originating at the Site at an off-Site location.
    Prior to the expiration of the public comment period on the 1994 
Modification and the 1993 Plan attached to it, Hatboro asked that the 
1994 Modification not be entered pending further revisions to the 1993 
Plan needed to accommodate changes in the operation of its water supply 
and distribution system (``System'') and a potential sale of its 
System. Following extensive negotiations, the United States, Hatboro, 
and the defendants are in agreement on a proposed revised Amended Work 
Plan containing three major revisions to the 1993 Plan. First, because 
Hatboro does not anticipate needing well H-16 as a water supply well, 
Hatboro need only recover and treat groundwater at well H-16 if Hatboro 
elects in the future to operate that well as a water supply well. 
(Under the 1993 Plan, Hatboro was unconditionally required to construct 
a recovery and treatment system at well H-16.) Second, Hatboro is to 
take over certain operation and maintenance functions at the existing 
groundwater recovery system at the Raymark Site which are now being 
performed by EPA. Third, the revised Amended Work Plan contains 
extensive sampling and monitoring requirements which Hatboro must 
perform at its wellfield, regardless of whether the Hatboro System is 
sold or not.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 1994 
Modification and the proposed revised Amended Work Plan. Comments 
should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, Department of Justice, 
Washington, D.C. 20530, and should refer to United States v. Raymark 
Industries, Inc., DOJ Ref. #90-11-2-12. The 1994 Modification and 
revised Amended Work Plan may be examined at the Office of the United 
States Attorney for the Eastern District of Pennsylvania, 615 Chestnut 
Street, 12th Floor, Suite 1200, Philadelphia Life Building, 
Philadelphia, Pennsylvania 19106, and the Region III Office of the 
Environmental Protection Agency, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107. A copy of the 1994 Modification and the revised 
Amended Work Plan may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, 
(202) 624-0892. In requesting a copy of the proposed Modification and 
revised Amended Work Plan (Appendix A to the Modification), please 
refer to the referenced case and enclose a check in the amount of $7.25 
(25 cents per page reproduction costs), payable to the Consent Decree 
Library. Please enclose an additional $19.25 should you wish to order a 
copy of the ROD (Appendix B).
Joel M. Gross
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 96-23493 Filed 9-12-96; 8:45 am]
BILLING CODE 4410-01-M