[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77040-77041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31262]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, the Department of Justice 
gives notice that a proposed consent decree in the case captioned 
United States and the State of Indiana v. The Dow Chemical Company, 
Civil Action No. IP001841-C-T/G (S.D. Ind.), was lodged

[[Page 77041]]

with the United States District Court for the Southern District of 
Indiana, Indianapolis Division, on November 27, 2000, pertaining to the 
Dow Chemical Site (the ``Site''), located near Zionsville, in Boone 
County, Indiana. The proposed consent decree would resolve certain 
civil claims of the United States and the State of Indiana against The 
Dow Chemical Company (``Dow'') under Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9607, for damages for injury to, destruction 
of, or loss of natural resources resulting from releases of hazardous 
substances from the Site.
    Under the proposed consent decree, Dow would donate an 
uncontaminated northern portion of the Site--comprising approximately 
17 acres of floodplain habitat along Eagle Creek--to the Zionsville 
Park and Recreation Board (an agency of the Town of Zionsville, 
Indiana) for the purpose of restoration, replacement, or protection of 
natural resources similar to those found on other portions of the Site 
damaged by releases and threatened releases of hazardous substances. 
Pursuant to a conservation easement and declaration of restrictive 
covenants enforceable by the State of Indiana's Department of Natural 
Resources, the Eagle Creek property would be preserved in perpetuity 
for specified conservation--and recreation-related purposes.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, United 
States Department of Justice, Washington, DC 20530, and should refer to 
United States and the State of Indiana v. The Dow Chemical Company, 
Civil Action No. IP001841-C-T/G (S.D. Ind.) and DOJ Reference No. 90-
11-3-07049.
    The proposed consent decree may be examined by appointment at the 
Office of the United States Attorney for the Southern District of 
Indiana, 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204 
(contact Harold Bickham (317-226-6333)). A copy of the proposed consent 
decree may also be obtained by mail from the Department of Justice 
Consent Decree Library, P.O. Box 7611, Washington, DC 20044. In 
requesting copies, please refer to the referenced case and DOJ 
Reference Number, and enclose a check for $10.25 (41 pages at 25 cents 
per page reproduction cost), made payable to the Consent Decree 
Library.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-31262 Filed 12-7-00; 8:45 am]
BILLING CODE 4410-15-M