[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Notices]
[Page 35060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14261]
[[Page 35060]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Under 42 U.S.C. 9622(d)(2) and 28 CFR 50.7, notice is hereby given
that on June 15, 2004, a proposed Consent Decree in United States v.
Industrial Excess Landfill, Inc., Civil Action Number 5:89-CV-1988
(consolidated with State of Ohio v. Industrial Excess Landfill, Inc.,
Civil Action Number 5:91-CV-2559), was lodged with the United States
District Court for the Northern District of Ohio.
The consent decree resolves claims against five defendants brought
by the United States on behalf of the Environmental Protection Agency
(``EPA'') under sections 106 and 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606
and 9607, for response costs incurred and to be incurred by the United
States in responding to the release and threatened release of hazardous
substances at the Industrial Excess Landfill Superfund Site in
Uniontown, Ohio. Under the Consent Decree, the Settling Defendants will
perform the remedy for the Site as set forth in the completed Remedial
Design for the Site, pay $17,925,000 (plus interest on this amount
running from October 1, 2003) for past costs, and pay all interim and
future response costs as defined in the Consent Decree that have been
or will be incurred by the United States (subject to a limit of
$700,000 for the portion of future response costs incurred in
monitoring and overseeing Settling Defendants' performance of the
remedy). The United States covenants not to sue the Settling Defendants
regarding the Site, subject to reservations of rights for unknown
conditions and information, and other reservations commonly included in
CERCLA settlements.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
Consent Decree. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, PO Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. Industrial Excess Landfill, Inc., DOJ Ref.
90-11-3-247A.
The Consent Decree (including all its Appendices A through F) may
be examined at the Office of the United States Attorney, Northern
District of Ohio, 801 West Superior Avenue, Suite 400, Cleveland, Ohio
44113, and the Region 5 Office of the Environmental Protection Agency,
77 W. Jackson Blvd., Chicago, Illinois 60604. During the public comment
period, the Consent Decree and all Appendices 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, PO Box 7611, U.S. Department of
Justice, Washington, DC 2004-7611, or by faxing or e-mailing a request
to Tonia Fleetwood, [email protected], Fax No. (202) 514-0097,
phone confirmation number (202) 514-1547.
The Department of Justice requires payment of reproduction costs
(25 cents per page for standard paper sizes) for copies requested from
the Consent Decree Library. In requesting a copy of the Consent Decree
text only from the Consent Decree Library, please enclose a check in
the amount of $23.75 payable to the U.S. Treasury. To obtain a copy of
the text of the Consent Decree and Appendices A through E, which are on
standard 8\1/2\ by 11 inch paper enclose a check in the amount of
$58.25 payable to the U.S. Treasury. Appendix F to the Consent Decree
is the Remedial Design submitted by the Settling Defendants pursuant to
a prior Administrative Order. Appendix F includes numerous color and
oversize pages that require special services to reproduce. To obtain a
paper or CD-ROM copy of Appendix F, please call Ms. Tonia Fleetwood at
(202) 514-1547 to discuss reproduction costs and delivery arrangements.
Note that in addition to the locations identified above where the
Consent Decree is available, the Remedial Design (Appendix F) may also
be examined at the Site information repositories located at: (1) Lake
Township Clerk's Office, 12360 Market North, Hartville, Ohio 44632, and
(2) Hartville Branch Library, 411 East Maple Street, Hartville, Ohio
44632.
W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 04-14261 Filed 6-22-04; 8:45 am]
BILLING CODE 4410-15-M