[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Pages 42724-42725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17395]



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

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a consent decree in United States v. H.K. Porter 
Company, Inc., et al., Civil Action No. 96-579 (W.D. Pa.) was lodged on 
June 26, 2000, with the United States District Court for the Western 
District of Pennsylvania. The consent decree resolves the claims of the 
United States against the remaining defendants, Thomas R. Allen, Jr., 
Morton J. Greene, Anne S. Greene, Carol M. Allen, and Economy 
Industrial Properties under Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9607(a), for reimbursement of response costs 
incurred by the U.S. Environmental Protection Agency (``EPA'') in 
connection with the Bollinger Superfund Site in Ambridge, Pennsylvania. 
The consent decree also resolves the claims of the United States for 
penalties under Section 104(e) of CERCLA, 42 U.S.C. 9604(e), against 
Thomas R. Allen, Jr. and Morton J. Greene, for their failure to respond 
adequately to EPA information requests. The consent decree obligates 
the Settling Defendants to pay a total of $450,000 to settle this 
action; $400,000 is in reimbursement of EPA's outstanding 
(unreimbursed) past costs incurred through June 26, 2000 (date of 
lodging), which total approximately $1.8 million, and $50,000 is in 
payment of penalties for Thomas R. Allen's and Morton J. Greene's 
failure to respond to EPA's Section 104(e) information requests. The 
settlement amount is based on Settling Defendants' limited financial 
resources and ability to pay. The Settling Defendants remain 
potentially liable for any response costs that may be incurred after 
the date of lodging.
    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, 
U.S. Department of Justice, Washington, DC 20530, and should refer to 
United States v. H.K. Porter Company, Inc., et al., DOJ Ref. #90-11-2-
    The proposed consent decree may be examined at the offices of the 
United States Attorney, Gulf Tower, 7th

[[Page 42725]]

Avenue & Grant Street, Pittsburgh, Pennsylvania 15219, and the Region 
III Office of the Environmental Protection Agency, 1650 Arch Street, 
Philadelphia, PA. A copy of the consent decree may also be obtained by 
mail from the U.S. Department of Justice Consent Decree Library, P.O. 
Box 7611, Washington, DC 20044. In requesting a copy, please refer to 
the referenced case and enclose a check in the amount of $6.75 (25 
cents per page reproduction cost), payable to the Consent Decree 

Joel M. Gross,
Chief, Environmental Enforcement Section, Environmental & Natural 
Resources Division.
[FR Doc. 00-17395 Filed 7-10-00; 8:45 am]