[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Page 37707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18081]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on July 11, 2001, the United States
lodged a proposed Second Amendment to the Consent Decree with the
United States District Court for the Northern District of Illinois,
Western Division, in United States, et al. v. City of Rockford,
Illinois, Civil No. 98C50026 (N.D. Ill.), under the Comprehensive
Environmental Response, Compensation and Liability Act, as amended
(``CERCLA''), 42 U.S.C. 9601 et seq. The proposed Second Amendment to
the Consent Decree modifies the Amended Consent Decree entered by the
United States District Court for the Northern District of Illinois on
or about January 13, 1999, which resolved certain claims of the United
States and the State of Illinois against the City of Rockford,
Illinois, under sections 106(a) and 107(a) of CERCLA, 42 U.S.C. 9606(a)
and 9607(a), pertaining to the Southeast Rockford Groundwater
Contamination (the ``Site'') located in Rockford, Winnebago County,
Illinois, In that Amended Consent Decree, the City of Rockford
reaffirmed the terms and conditions of the original Consent Decree
entered by the Court on or about April 9, 1998, to perform the remedial
action selected by U.S. EPA in its September 30, 1995, Record of
Decision and to reimburse certain costs incurred by Plaintiffs at the
Site. The Amended Consent Decree resolved additional claims of the
Plaintiffs against the City of Rockford, and resolved potential claims
of the Plaintiffs against certain Covenant Beneficiaries. As specified
in the Amended Consent Decree, the City of Rockford and Covenant
Beneficiaries received covenants not to sue and contribution
protection.
The Second Amendment to the Consent Decree adds 11 parties who will
participate in the settlement by paying an aggregate sum of $142,001.59
to the City of Rockford to be paid to the Plaintiffs, to reimburse
certain costs incurred by the Plaintiffs at the Site, and by executing
and transmitting Covenant Beneficiary Forms. The settlement resolves
potential claims of the Plaintiffs against these added Covenant
Beneficiaries, who will receive the covenants not to sue and
contribution protection provided to such parties in the Amended Consent
Decree. All other provisions of the Amended Consent Decree and original
Consent Decree not modified by the Second Amendment to the consent
Decree remain in full force and effect.
The Department of Justice also provides notice that under section
7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42
U.S.C. 6973(d), the public may request an opportunity for a public
meeting at which time they may offer comment. The Department of Justice
will receive, for a period of thirty (30) days from the date of this
publication, comments relating to the proposed Second Amendment to the
Consent Decree. 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 et al. v. City of Rockford, Illinois, Civil No. 98C50026 (N.D.
Ill.), and DOJ Reference No. 90-11-3-945.
The proposed consent decree may be examined at: (1) The Office of
the United States Attorney for the Northern District of Illinois,
Western Division, 308 West State St., Suite 300, Rockford, Illinois
61101 (815-987-4444); and (2) the United States Environmental
Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago,
Illinois 60604-3590 (contact: Thomas Turner (312) 886-6613). A copy of
the proposed Second Amendment to the Consent Decree may be obtained by
mail from the Consent Decree Library, U.S. Department of Justice, P.O.
Box 7611, Washington, DC 20044-7611. In requesting a copy, please refer
to the referenced case and DOJ Reference Number and enclose a check in
the amount of $3.00 for the consent decree and one appendix only (12
pages at 25 cents per page reproduction costs), or $19.50 for the
consent decree, appendix and 11 covenant beneficiary forms (78 pages),
made payable to the Consent Decree Library.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 01-18081 Filed 7-18-01; 8:45 am]
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