Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68297-68298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32865]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act

    Under 28 C.F.R. Sec. 50.7, notice is hereby given that on November 
24, 1998, a third round of settlements according to the terms of a 
partial Consent Decree (``Decree'') previously lodged in United States 
v. Keystone Sanitation Company, Inc., et al., Civil Action No. 1:CV-93-
1482, was lodged with the United States District Court for the Middle 
District of Pennsylvania.
    On September 27, 1993, the United States filed a complaint pursuant 
to Section 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA), 42 U.S.C. Sec. 9607(a) against 
the owners and operator of, and certain parties who arranged for the 
disposal or treatment of hazardous substances at the Keystone Landfill 
Superfund Site (the ``Site'') in Union Township, Adams County, PA. 
Several of the defendants sued approximately 180 third-party 
defendants, who in turn sued approximately 600 fourth party defendants, 
including the third and fourth-party defendants proposed for addition 
to the de micromis Consent Decrees lodged previously in this action.

[[Page 68298]]

    The proposed settlement of an additional 34 parties is based upon 
the same Decree previously lodged with the United States District Court 
for the Middle District of Pennsylvania for public comment on April 5, 
1996. 61 Fed. Reg. 18411 (April 25, 1996). Settlement of an additional 
73 parties, based upon the same Decree, was lodged with the United 
States District Court. This proposed Decree, entered into under Section 
122(g) of CERCLA, 42 U.S.C. Sec. 9622(g) resolves the liability of 
parties determined by EPA to be ``de micromis'', which for purposes of 
this Site means that they contributed less than 1800 cubic yards of 
municipal solid waste, and within such amount, less than 55 gallons or 
100 pounds of materials contain hazardous substances. The defendants 
will pay $1 each. With the April 5, 1996 and May 5, 1996 lodgings, the 
United States solicited public comment upon the proposed Decree's 
resolution of a total of 168 third and fourth party Defendant's 
liability for response costs incurred and to be incurred at the Site. 
With today's notice, the United States seeks comment on its settlement 
according to the terms of this Decree with an additional 34 more 
parties.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed settlement with an additional 34 parties according to the 
terms of the Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530 and should refer to 
United States v. Keystone Sanitation Company, Inc. et al., DOJ No. 90-
11-2-656A.
    The Decree may be examined at the Office of the United States 
Attorney, Middle District of Pennsylvania, Federal Building and 
Courthouse, 228 Walnut Street, Room 217, Harrisburg, Pennsylvania, 
17108; Region III Office of the Environmental Protection Agency, 1650 
Arch Street, Philadelphia, PA 19103; and at the Consent Decree Library, 
1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005 (202) 624-0892. 
A copy of the Decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005. In requesting a copy, please enclose a check in the amount 
of $10.00 (twenty-five cents per page reproduction costs) payable to 
the ``Consent Decree Library.'' In requesting a copy exclusive of 
defendants' signatures, please enclose a check in the amount of $1.50 
payable to the Consent Decree Library.
    In addition, copies of the Decree, as well as the record supporting 
EPA's eligibility determinations regarding the present 34 defendants 
proposed for addition to the Decree, are available at the following 
record repositories established by EPA near the Site pursuant to 
Section 117(d) of CERCLA, 42 U.S.C. Sec. 9617(d):

U.S. EPA, Region III (address above) Contact: Anna Butch, 215-814-3157
Hanover Public Library, 2 Library Place, Hanover, PA 17331, Contact: 
Raymond Van de Castle, 717-632-5183
St. Mary's United Church of Christ, 1441 East Mayberry Road, 
Westminster, MD 21158, Contact: Jeanne Bechtel, 410-848-3862

    The Decree and record are also available at Filias & McLucas, 4309 
Linglestown Road, Harrisburg, PA 17112, the repository created to house 
documents produced during discovery in the present litigation. Persons 
wishing to view documents at Filias & McLucas should call 717-845-6418 
to arrange an appointment.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, U.S. Department of Justice.
[FR Doc. 98-32865 Filed 12-9-98; 8:45 am]
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