[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Notices]
[Pages 12867-12868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6060]


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

DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy and 28 CFR 50.7, the 
Department of Justice gives notice that a proposed Consent Decree with 
Crown EG, Inc. (``Crown'') in the case captioned United States and the 
State of Indiana v. Guide Corporation and Crown EG, Inc., Civil Action 
No. IP00-0702-C-Y/F (S.D. Ind.) was lodged with the United States 
District Court for the Southern District of Indiana on March 1, 2004. 
The proposed Consent Decree relates to a massive fish kill that 
occurred in the White River in December 1999 and January 2000, from the 
City of Anderson, Indiana downstream past the City of Indianapolis, 
Indiana. The Defendants--Guide Corporation and Crown--are alleged to 
have discharged industrial wastewater that caused the fish kill. A 
separate Consent Decree with Guide Corporation was finalized in 
September 2001.
    The proposed Consent Decree would resolve civil claims of the 
United States and the State of Indiana against Crown under: (1) The 
Clean Water Act (the ``CWA''), 33 U.S.C. 1251 et seq., and 
corresponding state law; (2) the natural resource damage provisions of 
section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9607, CWA section 311(f), and 
corresponding State law; (3) the response cost recovery provisions of 
CERCLA section 107 and corresponding state law; and (4) state common 
law. To the extent provided by the proposed Consent Decree, certain 
specified benefits of the settlement would also extend to two Crown 
shareholders.
    In the near future, Crown will be required to pay $250,000 into a 
Court Registry Account administered by United States District Court for 
the Southern District of Indiana. If the proposed Consent Decree is 
approved and entered by the Court, that $250,000 would be paid into a 
``White River Restoration Fund'' established by the State, to fund fish 
restocking and river restoration projects.
    The Department of Justice will receive comments relating to the 
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, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States and the State of Indiana v. Guide Corporation and 
Crown EG, Inc., Civil Action No. IP-00-0702-C-Y/F (E.D. Wis.) and D.J. 
Ref. 90-5-2-1-07043.
    The Consent Decree may be examined at: (1) The Offices of the 
United States Attorney, 10 West Market Street, Suite 2100, 
Indianapolis, Indiana; and (2) the offices of EPA Region 5, 77 West 
Jackson Boulevard, 14th Floor, Chicago, Illinois. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC

[[Page 12868]]

20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $12.25 (49 pages at 25 
cents per page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-6060 Filed 3-17-04; 8:45 am]
BILLING CODE 4410-15-M