[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Page 77413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9845]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Solid Waste
Disposal Act, as Amended by the Resource Conservation and Recovery Act
of 1976 and the Hazardous and Solid Waste Amendments of 1984
The United States Department of Justice gives notice that on
December 18, 2006, a proposed consent decree was lodged in United
States v. WCI Steel, Inc., Civil Action No. 4:06-CV-03000, in the
United States District Court for the Northern District of Ohio.
The consent decree resolves claims of the United States against WCI
Steel, Inc. (``Reorganized WCI''), the current owner and operator of
the WCI Steel facility in Warren, Ohio (``Facility''), under Section
7003 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste
Amendments of 1984 (``RCRA''), 42 U.S.C. 6973. The United States'
complaint alleges that Reorganized WCI has willfully violated, or
failed or refused to comply with, a RCRA Section 7003 administrative
order (``Order'') issued by the United States Environmental Protection
Agency (``U.S. EPA'') to WCI Steel, Inc. (``Debtor WCI''), the prior
owner and operator of the Facility before its reorganization in
bankruptcy. The complaint seeks an order from the court requiring that
Reorganized WCI comply with the Order and to pay penalties for
violations of the Order since it acquired the Facility through Debtor
WCI's bankruptcy case on May 1, 2006.
The proposed consent decree would require Reorganized WCI to
implement specified measures to reduce risks to birds and wildlife due
to the management of oily wastes at impoundments at the Facility. In
addition, under the consent decree, Reorganized WCI would be required
to pay a civil penalty to the United States in the amount of
$620,000.00. This penalty would be paid through resolution of claims of
the United States (set forth in a proof of claim and administrative
proof of claim) for penalties relating to Debtor WCI's alleged
violations of the Order submitted in Debtor WCI's bankruptcy case in
the United States Bankruptcy Court for the Northern District of Ohio
(In re: WCI Steel, Inc., et al., Case No. 05-81439). The Consent Decree
would also resolve all claims for civil liability of Debtor WCI to the
United States for the violations of the Order alleged in the United
States' claims in the bankruptcy case.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, United
States Department of Justice, P.O. Box 7611, Ben Franklin Station,
Washington, DC 20074-7611, and should refer to United States v. WCI
Steel, Inc., DOJ Ref. 90-5-1-1-5027/1. Commenters may request an
opportunity for a public meeting in the affected area, in accordance
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
The consent decree may be examined at the Office of the United
States Attorney for the Northern District of Ohio, United States
Courthouse, 801 W. Superior Avenue, Suite 400, Cleveland, Ohio 44113
and at the offices of the United States Environmental Protection
Agency, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604. During
the public comment period, the consent decree may also be examined on
the following Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.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 from the Consent Decree
Library, please enclose a check in the amount of $20.50 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06-9845 Filed 12-22-06; 8:45 am]
BILLING CODE 4410-15-M