[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Notices]
[Pages 52788-52789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22134]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
Pursuant to Section 122(d)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C.
9622(d)(2), and 28 CFR 50.7, notice is hereby given that a proposed
consent decree embodying a settlement in United States v. Operating
Industries, Inc., et al., No. CV 00-08794 SVW (CWX), was
lodged on August 18, 2000, with the United States District Court for
the Central District of California, Western Division.
In a complaint filed concurrently with the lodging of the consent
decree, the United States, the State of California, and the California
Hazardous Substance Account, seek injunctive relief for performance of
response actions and reimbursement of response costs incurred by the
United States Environmental Protection Agency (``EPA'') and by the
California Department of Toxic Substances Control (``DTSC''), pursuant
to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, in response to
releases of hazardous substances at the Operating Industries, Inc.
(``OII'') Superfund site in Monterey Park, California.
Under the proposed consent decree, the settling defendants have
agreed to fund and perform future response actions at the OII Site. The
consent decree also imposes obligations on, and provides benefits to
Greenfield Monterey Park, LLC (``Greenfield''), an entity that intends
to purchase a portion of the site for redevelopment purposes.
The consent decree requires the Owner/Operator Group, the City of
Monterey Park and Southern California Edison to contribute
approximately $8.65 million to a trust that will be used to pay for
past and future costs of remediating the site, and the Owner/Operator
Group to pay $3.1 million to the OII Custodial Trust, to be established
for the purpose of receiving, holding and distributing funds in
accordance with the provisions of the consent decree. If Greenfield
purchases the Development Parcel it will conduct remedial action work
valued at approximately $6-$7 million at the northern portion of the
site and pay approximately $3,633,000 to the Owner/Operator Group
which, in turn, will deposit those funds into the OII Site Custodial
Trust. The Generator Group will create and administer an escrow
account, and conduct certain work valued at approximately $850,000 at
the
[[Page 52789]]
OII Site. Finally, the consent decree obligates the Owner/Operator
Group and the Generator Group to pay approximately $725,000 to the
Casmalia Resources Hazardous Waste Management Facility (the ``Casmalia
Site'') to resolve their de minimis liability for hazardous leachate
that was transferred from the OII Site to the Casmalia Site.
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, Box 7611 Ben Franklin Station, Washington,
D.C. 20044-7611, and should refer to United States v. Operating
Industries, Inc., et al., DOJ Ref. #90-11-2-156/3. Commenters may
request a public hearing in the affected area, pursuant to Section
7003(d) of RCRA, 42 U.S.C. 6973(d).
The proposed consent decree may be examined at the EPA Region 9
Superfund Records Center, 75 Hawthorne Street, Fourth Floor, San
Francisco, California 94105, and at the Office of the United States
Attorney for the Central District of California, Federal Building, Room
7516, 300 North Los Angeles Street, Los Angeles, California 90012. A
copy of the proposed consent decree may also be obtained by mail from
the Department of Justice Consent Decree Library, Box 7611, Ben
Franklin Station, Washington, D.C. 20044-7611. In requesting a copy,
please refer to the referenced case and enclose a check in the amount
of $212.75 (25 cents per page reproduction costs), payable to the
Consent Decree Library. A copy of the decree, exclusive of the
defendants' signature pages and the attachments, may be obtained for
$52.50.
Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 00-22134 Filed 8-29-00; 8:45 am]
BILLING CODE 4410-15-M