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

[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Page 57653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27903]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that a proposed Consent Decree in United 
States v. Bay Chemical Company, et al., Civil Action No. C-995521RJB 
was lodged on October 5, 1999 with the United States District Court for 
the Western District of Washington.
    The complaint in this action seeks to recover, pursuant to Section 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. Sec. 9607 response costs incurred 
and to be incurred by the U.S. Environmental Protection Agency 
(``EPA'') in the Hylebos Waterway Problem Areas in Operable Unit 1 
(``OU1'') of the Commencement Bay Nearshore/Tideflats Superfund Site 
(hereinafter ``the Site'') located in Tacoma, Washington. The 
defendants include owners and operators of properties within two 
problem areas of one of the nine operable units at the Site.
    The proposed Consent Decree embodies an agreement with seventeen 
potentially responsible parties (``PRPs'') pursuant to Section 107 of 
CERCLA, 42 U.S.C. 9607, to pays approximately $762,880 in past and 
future response costs associated with the Hylebos Waterway Problem 
Areas of OU1 of the Site. The above-described payments include a 
premium to be paid by each settling party to offset the risks that 
actual future response costs will exceed current estimates.
    The Consent Decree provides the settling defendants with releases 
for civil liability for response costs under Sections 106 and 107 of 
CERCLA relating to the Hylebos Waterway Problem Areas of OU1 of the 
Site. The Consent Decree explicitly reserves the United States' claims 
for response costs associated with other operable units and problem 
areas of the Site, natural resource damages, and other potential United 
States' claims.
    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, 
Department of Justice, P.O. Box 7611, Washington, D.C. 20044-7611, and 
should refer to United States. v. Bay Chemical Company, et al, DOJ Ref. 
No. 90-11-2-06010.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 3600 Seafirst Plaza, 800 5th Avenue, room 3601, 
Seattle, WA 98104, and the Region X Office of the Environmental 
Protection Agency, Region X Records Center, 1200 Sixth Avenue, Seattle, 
Washington 98101. A copy of the proposed consent decree may be obtained 
by mail from the Consent Library at the following address: U.S. 
Department of Justice, Environmental Enforcement Section, Post Office 
Box 7611, Washington, D.C. 20044. In requesting a copy, please refer to 
the referenced case and enclose a check in the amount of $175.00 (25 
cents per page reproduction costs), payment to the Consent Decree 
Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 99-27903 Filed 10-25-99; 8:45 am]
BILLING CODE 4410-15-M