[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]


-----------------------------------------------------------------------

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