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

[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Page 1405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-605]



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DEPARTMENT OF JUSTICE

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

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that on December 21, 1995, a proposed Consent Decree in 
United States v. Occidental Chemical Corporation, et al. (Love Canal), 
Civil Action No. 79-990 (JTC), was lodged with the United States 
District Court for the Western District of New York. The decree 
represents a settlement of claims by the United States against 
Occidental Chemical Corporation (Occidental) for recovery, pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), Section 7003 of the Resource Conservation and Recovery 
Act (RCRA) and other authorities, of costs and interest incurred in 
response to the release of hazardous substances at the Love Canal 
Landfill Site near Niagara Falls, New York.
    Under the settlement, Occidental will reimburse response costs 
incurred by the Environmental Protection Agency Superfund and the 
Federal Emergency Management Agency in connection with the relocation 
of Love Canal area residents, Site studies and remediation, oversight, 
litigation and other expenses. Occidental will pay $129 million dollars 
in four equal annual installments of $32,250,000 commencing 90 days 
after entry of the Decree, plus additional interest on each $32,250,000 
installment calculated from August 1, 1995 at the rate established by 
CERCLA. Occidental will also pay certain additional expenses of the 
United States incurred since August 1, 1995. Further, Occidental will 
pay $375,000 for natural resource damages restoration and assessment, 
with preferential review accorded a creek restoration project in 
Niagara County. In addition to the payments by Occidental, the United 
States will contribute an additional $8 million to the Superfund and on 
behalf of FEMA to resolve counterclaims by Occidental against the 
United States.
    Under the partial consent decree between the United States and 
Occidental, which was entered by the Court on September 20, 1989, 
Occidental agreed to complete remediation of Love Canal Site sewers and 
creeks and to dispose of hazardous wastes. The instant decree in no way 
alters those obligations. Similarly, the instance decree will not 
affect the New York State Consent Judgment, which was approved by the 
Court on July 1, 1994, under which Occidental agreed to perform 
operation and maintenance (O & M) of the remedy. Finally, Occidental 
agrees in the proposed decree that the United States may independently 
enforce against Occidental the O & M obligations it accepted under the 
State Consent Judgment.
    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 of the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Occidental Chemical Corporation, D.J. Ref. 90-5-1-1-
1229. Commentors may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Western District of New York, Federal Centre, 
138 Delaware Avenue, Buffalo, New York 14202 and at the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 
624-0892. A copy of the proposed Consent Decree may be obtained in 
person or by mail from the Consent Decree Library, 1120 G Street, N.W., 
4th Floor, Washington, D.C. 20005. In requesting a copy, please enclose 
a check in the amount of $8.00 (25 cents per page reproduction cost) 
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 96-605 Filed 1-18-96; 8:45 am]
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