Notice of Consent Judgments Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Notices]
[Page 4124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1806]


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DEPARTMENT OF JUSTICE


Notice of Consent Judgments Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029, 
and 42 U.S.C. Sec. 9622(d), notice is hereby given that a proposed 
Consent Decree in United States v. C&D Technologies, Inc., et al., 
Civil Action Number 99-52 (WHW), DOJ #90-11-2-1075, was lodged in the 
United States District Court for the District of New Jersey on January 
6, 1999. The Consent Decree resolves the liability of defendants under 
Sections 106(a) and 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. Secs. 9606(a) 
and 9607(a), and the Resource Conservation and Recovery Act, 42 U.S.C. 
Sec. 6973 relating to the NL Industries, Inc. Superfund Site in 
Pedricktown, New Jersey (the ``Site'').
    Under the proposed decree Defendants agree to perform EPA's first 
operable unit and Phase V removal action for the Site as set forth in 
EPA's Record of Decision of July 1994 (``OU1''), which requires: 
excavation, treatment, and disposal of soils and removal of stream 
sediments contaminated with lead above the remedial action objective of 
500 parts per million (ppm); extraction and treatment of contaminated 
ground water; and appropriate environmental monitoring to ensure 
effectiveness of the remedy. The estimated cost for the remedy is 
$21,021,550. Defendants also agree to pay the first $3,515,064 in Past 
Costs and Future Response Costs incurred in connection with the Site. 
In exchange for the work and payment of response costs, Defendants will 
receive a covenant not to sue for response actions at the Site subject 
to certain reservations of rights.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, written comments relating to 
the proposed Consent Decree. 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. C&D Technologies, Inc., et al. DOJ # 90-11-2-
1075.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Jersey, 970 Broad Street Room 
501, Newark, New Jersey 07102; at the Region II Office of the U.S. 
Environmental Protection Agency, 290 Broadway, New York, New York 
10278; and at the Consent Decree Library, 1120 G Street, N.W., 3d 
Floor, Washington, D.C. 20005, (202) 624-0892. Copies of the Consent 
Decree may be obtained in person or by mail from the Consent Decree 
Library, 1120 G Street, N.W., 3d Floor, Washington, D.C. 20005. In 
requesting a copy, please enclose a check in the amount of $65.50 (25 
cents per page reproduction costs) payable to the Consent Decree 
Library.
Joel M. Gross,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 99-1806 Filed 1-26-99; 8:45 am]
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