[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Page 9095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3065]



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. Berks Associates 
et al., Civil Action No. 91-4868 (E.D. Pa.) was lodged on January 19, 
2001, with the United States District Court for the Eastern District of 
Pennsylvania. The consent decree resolves the claims of the United 
States 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 
Douglassville Disposal Superfund Site located in Douglassville, Berks 
County, Pennsylvania. The settling defendants are Conrail, Cabot 
Corporation, CSX Transportation, Inc., the Glidden Company, Lehigh 
Valley Railroad, American Premier Underwriters, Inc., Kimberly Clark 
Corporation, Shell Oil Company, Southeastern Pennsylvania 
Transportation Authority, Chevron, and A&A Waste Oil, and Lester Schurr
d/b/a Berks Associates, Inc.
    In addition, the consent decree resolves counterclaims of the 
settling defendants against 8 federal agencies including the 
Departments of Defense, Army, Air Force, Navy, U.S. Coast Guard, U.S. 
Mint, U.S. Post Office, and the U.S. Government Printing Office.
    Under the terms of the consent decree, EPA would receive 
reimbursement of $13.85 million in costs incurred by EPA at the Site. 
In addition, the settling defendants (with the exception of Lester 
Schurr, Berks Associates, and A&A Waste Oil) agree to implement, a soil 
stabilization remedy at the Site. The settling federal agencies will 
pay $5,366,922 toward reimbursement of EPA's past response cost and 
$978,712 toward reimbursement of private party defendant response 
costs. In addition, the settling federal agencies will pay $3,255,029 
toward the implementation of the soil stabilization remedy.
    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. Berks Associates et al. DOJ # 90-11-2-303. The 
proposed consent decree may be examined at the offices of the United 
States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA 
19106-4476. 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 $35.50 (25 cents 
per page reproduction cost exclusive of exhibits), payable to the 
Consent Decree Library.

Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division
[FR Doc. 01-3065 Filed 2-5-01; 8:45 am]