[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14715-14716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5767]


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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. section 9622(d)(2) and 28 CFR 50.7, notice is 
hereby given that on March 2, 2005, a proposed Consent Decree in United 
States v. Waste Management of Wisconsin, Inc., Civil Action Number 
3:05cv00128, was lodged with the United States District Court for the 
Western District of Wisconsin.
    The consent decree resoles claims against Waste Management of 
Wisconsin, Inc. (``WMWI'') 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 action to be taken and response 
costs to be incurred in responding to the release and threatened 
release of hazardous substances at the City Disposal Corporation 
Landfill Superfund Site (``Site'') in the Town of Dunn, Dane County, 
Wisconsin.
    WMWI has been performing the remedial action for the site under a 
unilateral administrative order issued by EPA. Under the consent 
decree, WMWI will complete performance of the Site remedy and will 
reimburse the United States for response costs the United States will 
incur it the site. The consent decree also provides for disbursement to 
WMWI, if specified conditions are met, of approximately $1.97 million 
credited to the site from the proceeds of a prior, separate settlement 
in In re U.E. Systems, Inc., et al., No. 91-32791 (Bankr. N.D. Ind.). 
The U.E. Systems settlement required that amounts recovered therein 
``shall reduce the liability of the non-settling potentially 
responsible parties * * * by the amount of the credit.'' The proposed 
consent decree with WMWI will implement that provision of the U.E. 
Systems settlement while also providing the United States with full 
recovery of

[[Page 14716]]

all response costs incurred or to be incurred by the United States in 
connection with the Site.
    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. Waste Management of Wisconsin, Inc., DOJ Ref. 
90-11-2-07850.
    The Consent Decree (including all its Appendices A through G) may 
be examined at the Office of the United States Attorney for the Western 
District of Wisconsin, Madison, Wisconsin, and at 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: 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. Please enclose a check for $20.25 for the 
Consent Decree text only, or for $146.75 for the Consent Decree 
including all attachments (25 cents per page reproduction costs), 
payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-5767 Filed 3-22-05; 8:45 am]
BILLING CODE 4410-15-M