Pollution control; consent judgments: Fort Lauderdale, FL, et al.,

Text

---

Federal Register: September 29, 1998 (Volume 63, Number 188)NoticesPage 51950-51951From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr29se98-121

DEPARTMENT OF JUSTICE

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

In accordance with Departmental policy, 28 CFR 50.7, and in accordance with section 122(d) of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), notice is hereby given that on September 11, 1998, a proposed Consent Decree in United States v. City of Fort Lauderdale, Florida, et al., Civil Action No. 98-6982 was lodged with the United States District Court for the Southern District of Florida.

In this action the United States alleges that the defendants are liable under CERCLA for costs incurred by the United States in conducting response actions at the Wingate Superfund Site (the ``Site'') located in Fort Lauderdale, Broward County, Florida. The United States seeks injunctive relief for the remedy specified in the Record of Decision (``ROD'') and the recovery of response costs incurred in connection with the release of hazardous substances from the Site into the environment.

This consent decree represents a settlement for conducting the remedy at the Site and the recovery of response costs. The proposed settlement involves thirty-six settling defendants which comprise a group entailing the owner/operator, generators, and transporters of hazardous substances released at the Site. The proposed consent decree requires the settling defendants to finance and conduct the remedial design and remedial action (``RD/RA''), which includes construction of a geosynthetic membrane cap over the Site property. The proposed settlement provides the defendants with an orphan share compromise in an amount equal to past response costs ($1.8 million), plus projected future oversight costs ($1.6 million). Fourteen parties will also receive de minimis covenants from the United States limited to the remedy selected in the ROD, based upon the volume and toxicity of their representative waste contributions to the Site.

The Department of Justice will receive for a period of thirty (30) days from the

[Page 51951]date of this publication comments relating to the proposed Second Consent Decree. Comments should be addressed to the Assistant Attorney General of the Environment and Natural Resources Division, Department of Justice, Washington, D.C. 20530, and should refer to United States v. City of Fort Lauderdale, Florida, et al., Wingate Superfund Site), D.J. Ref. 90-11-2-1176. Commenters may request an opportunity for a public meeting in the affected area, in accordance with section 7003(d) of the Resources Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973(d).

The proposed Consent Decree may be examined at the Office of the United States Attorney, Southern District of Florida, 500 E. Broward Boulevard, Fort Lauderdale, Florida 33394; Region 4, Office of the Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303; and at the Consent Decree Library, 1120 G Street, NW, Washington, DC 20005, (202) 624-0892. A copy of the proposed consent decree may be obtained in person or by mail from the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005. In requesting a copy, please enclose a check in the amount of $31.25 (without exhibits), $53.25 (with exhibits) (25 cents per page reproduction cost) payable to the Treasurer of the United States. Walker Smith, Deputy Chief, Environment and Natural Resources Division.

FR Doc. 98-26018Filed9-28-98; 8:45 amBILLING CODE 4410-15-M

---