[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Page 56792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4901]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with 28 CFR 50.7 and section 122 of the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9622, the Department of Justice gives notice that a proposed
Second Amendment to the Consent Decree, in United States v. The Upjohn
Co. et al., v. ABF Freight System, Inc., et al., Civil No. 1:92-CV-659
(W.D. Mich.), was lodged with the United States District Court for the
Western District of Michigan on September 21, 2007, pertaining to the
West KL Avenue Landfill Superfund Site (the ``Site''), located on West
KL Avenue, Oshtemo Township, Kalamazoo County, Michigan. The proposed
Second Amendment to the Consent Decree amends a Consent Decree entered
by the Court in 1992, and a First Amendment to that Consent Decree
entered by the Court in 2005, that resolved the United States' civil
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,
against Pharmacia Corp., successor to The Upjohn Company; Kalamazoo
County; Charter Township of Oshtemo; the City of Kalamazoo
(collectively, the ``Performing Settling Defendants''); and 219
additional Third-Party Defendant generators at the Site (all
defendants, collectively, the ``Settling Defendants'').
Under the proposed Second Amendment to the Consent Decree, the
Performing Settling Defendants are obligated to implement a Record of
Decision (``ROD'') Second Amendment issued by the U.S. Environmental
Protection Agency (``EPA'') on September 12, 2005 (``2005 ROD
Amendment''). The 2005 ROD Amendment: (1) Revises the boundary of the
municipal water service to residences, moving the boundary further
downgradient to include additional properties that have had Site-
related contaminants detected in their drinking water wells; (2)
replaces the active pump and treat remedy for the contaminated
groundwater plume selected by the initial 1990 ROD with Monitored
Natural Attenuation (``MNA'') and contingent remedies; and (3) replaces
the 1990 ROD cap design (which included a 2-feet thick clay capping
layer) with a geosynthetic clay layer, a 40 mil geomembrane liner, a
geocomposite drainage layer, an 18-inch layer of clean fill, and a
vegetated 6-inch layer of topsoil.
Under the proposed Second Amendment to Consent Decree, Plaintiff
and the Performing Settling Defendants agree to modify the terms of the
Consent Decree, as provided by Paragraph 85 of the Consent Decree, to
require the Performing Settling Defendants to implement the provisions
of the 2005 ROD Amendment. The Settling Defendants other than the
Performing Settling Defendants are not signatories to the proposed
Second Amendment to the Consent Decree. The Second Amendment to the
Consent Decree does not add to or change any of the settlement
obligations of the Settling Defendants other than the Performing
Settling Defendants, and none of the settling Third-Party Defendants
will have any obligations to implement the provisions of the 2005 ROD
Amendment. Pursuant to the simplified notification procedures of
Paragraph 85 of the Consent Decree approved by the Court in 2005 under
the First Amendment to the Consent Decree, the Settling Defendants
other than the Performing Settling Defendants will not be separately
notified of the material modifications to the work under the Consent
Decree required by the 2005 ROD Amendment and the Second Amendment to
the Consent Decree other than through this Federal Register Notice.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Second Amendment to the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to [email protected] or mailed to United States Department of Justice,
P.O. Box 7611, Washington, DC 20044-7611, and should refer to United
States v. The Upjohn Co. et al., v. ABF Freight System, Inc., et al.,
Civil No. 1:92-CV-659 (W.D. Mich.), and DOJ Reference No. 90-11-2-561.
The proposed Second Amendment to the Consent Decree may be examined
at: (1) The Office of the United States Attorney for the Western
District of Michigan, 330 Ionia Ave. NW., Suite 501, Grand Rapids, MI
49503, (616-456-2404); and (2) the United States Environmental
Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604-
3507 (contact: Stuart Hersh (312-886-6235)).
During the public comment period, the proposed Second Amendment to
the Consent Decree may also be examined on the following U.S.
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Second Amendment to the Consent
Decree may also be obtained by mail from the Consent Decree Library,
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611 or
by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
no. (202) 514-1547. In requesting a copy from the Consent Decree
Library, please refer to the referenced case and DOJ Reference Number
and enclose a check in the amount of $3.00 for the Second Amendment to
the Consent Decree only (12 pages, at 25 cents per page reproduction
costs), or $21.00 for the Second Amendment to the Consent Decree and
all appendices (84 pages), made 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. 07-4901 Filed 10-3-07; 8:45 am]
BILLING CODE 4410-15-M