[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Page 8111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3010]


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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 January 31, 2005, a proposed Consent Decree (``Consent 
Decree'') in the consolidated matters United States v. International 
Paper Co., et al. Civil Action No. 01-C-0693-C, and International Paper 
Co. v. City of Tomah, WI, et al., Civil Action No. 00-C-539-C, was 
lodged with the United States District Court for the Western District 
of Wisconsin.
    The Consent Decree settles an action brought by the United States 
under section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., 
for reimbursement from International Paper and the City of Tomah, 
Wisconsin of response costs incurred and to be incurred for response 
actions taken at or in connection with the release or threatened 
release of hazardous substances at the Tomah Municipal Sanitary 
Landfill site in Monroe County, Wisconsin (``the Site''). The Consent 
Decree also settles a lawsuit brought by International Paper Company 
(``International Paper'') under CERCLA section 113(f), 42 U.S.C. 
9613(f), against the City of Tomah, Wisconsin, and the United States 
Department of Veterans Affairs, in which International Paper sought 
contribution towards certain costs International Paper allegedly 
incurred in response to the release or threatened release of hazardous 
substances at the Site. The Consent Decree addresses claims with 
respect to a second Operable Unit (``OU2'') at the Site, as a previous 
consent decree entered by the Court addressed claims with respect to 
Operable Unit 1.
    Under the Consent Decree, International Paper is required to 
implement the natural attenuation remedy for OU2 (design and implement 
a groundwater monitoring system for the groundwater outside of the 
landfill's boundaries) selected by the United States Environmental 
Protection Agency in the September 24, 2003, Record of Decision for 
OU2. The Consent Decree also requires International Paper to pay the 
United States' direct and indirect costs associated with OU2 from May 
19, 2003, onward. Under the Consent Decree, the United States will make 
a $350,000 payment to International Paper to resolve International 
Paper's OU2 contribution claims against the United States.
    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, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. International Paper Co., et al. Civil Action No. 00-C-
0693-C, D.J. Ref. 90-11-2-1317/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Suite 303, City Station, 660 West Washington Avenue, 
Madison, Wisconsin 53703, and at U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590. 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 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, please 
enclose a check in the amount of $51.00 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-3010 Filed 2-16-05; 8:45 am]
BILLING CODE 4410-75-M