[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]
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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