[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Notices]
[Page 34958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16593]



[[Page 34958]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response Compensation and Liability Act

    Notice is hereby given that on May 23, 2001, a proposed Consent 
Decree (proposed Decree) in United States v. Holmes & Co., Inc., Civil 
Action No. 1:01-CV-198, was lodged with the United States District 
Court for the Northern District of Indiana (Fort Wayne Division).
    In this action the United States seeks relief under Section 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), 42 U.S.C. 9607, for recovery of response costs relating 
to releases of hazardous substances at the Wayne Reclamation and 
Recycling Site (Site), located near Columbia City, Indiana.
    The proposed Decree would resolve certain liability of Holmes & 
Company, Inc., regarding the Site. Holmes & Co. is alleged to be the 
owner and operator of portions of the property that make up the Site.
    Under the proposed Decree Holmes & Co. receives, among other 
things, certain contribution protection for response costs incurred and 
to be incurred in cleaning up the Site, as well as covenants not to sue 
from the United States under sections 106 and 107(a) of CERCLA and 
under section 7003 of the Resource Conservation Act (RCRA), subject to 
various reservations and re-openers.
    The State of Indiana, which also has filed a complaint against 
Holmes & Co. in the same Court concerning this same Site, also is party 
to the proposed Decree. Under the proposed Decree the State would 
resolve certain claims it may have against Holmes & Co. regarding the 
Site.
    Under the Decree, Holmes & Co. will, among other things, provide 
access to portions of the Site and also will place certain 
environmental easements and institutional controls on certain property 
that is part of the Site. To resolve certain contribution litigation 
brought against Holmes & Co. by other, potentially responsible parties 
who settled previously with the United States and the State and who 
have helped undertake remedial action at the Site, Holmes & Co. will 
pay those potentially responsible parties about $70,000 under this 
Decree and thus resolve that contribution litigation.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Decree. Comments should be addressed to the Acting Assistant 
Attorney General of the Environment and Natural Resources Division, 
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, 
and should refer to United States v. Holmes & Co., Inc., Civil Action 
No. 1:01-CV-198, D.J. Ref. 90-11-3-603B. Commenters may request an 
opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    A copy of the proposed Decree may be examined at the Office of the 
United States Attorney, 3128 Federal Building, 1300 S. Harrison Street, 
Fort Wayne, Indiana 46802, and at the Office of Regional Counsel, U.S. 
EPA Region 5, Chicago, Illinois. a copy of the proposed Consent Decree 
may be obtained by mail from the Consent Decree Library, P.O. Box 7611, 
Washington, DC 20044-7611. When requesting a copy please refer to 
United States v. Holmes & Co., Inc. (N.D. Ind.) DOJ Ref. No. 90-11-3-
603B and enclose a check in the amount of $13.25 (25 cents per page 
reproduction costs, for the decree and all its appendices), payable to 
the Consent Decree Library.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-16593 Filed 6-29-01; 8:45 am]
BILLING CODE 4410-15-M