[Federal Register Volume 65, Number 155 (Thursday, August 10, 2000)]
[Notices]
[Pages 49013-49014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20297]


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DEPARTMENT OF JUSTICE


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 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, 
the

[[Page 49014]]

Department of Justice gives notice that a proposed consent decree in 
United States v. American Chemical Service, Inc., et al., No. 2:00CV438 
(N.D. Indiana), and State of Indiana v. American Chemical Service, 
Inc., et al., No. 2:00CV437 (N.D. Indiana), was lodged with the United 
States District Court for the Northern District of Indiana on July 14, 
2000, pertaining to the implementation of the United States 
Environmental Protection Agency's selected remedial action for the 
American Chemical Service Superfund Site (``ACS Site''), Griffith, Lake 
County, Indiana. The proposed consent decree would resolve the United 
States' and the State of Indiana's civil claims against the 39 
defendants named in this action, including the two owners/operators.
    Under the proposed Consent Decree, the thirty-nine PRPs will 
undertake the remedial action for the ACS Site at an estimated cost of 
$45 million. Approximately $24.5 million of the funds in the ACS 
Special Account will be disbursed to the Settling Defendants under a 
specific schedule, as reimbursement for such construction and operation 
and maintenance costs as are approved by EPA. EPA will reserve $3.8 
million from the Special Account for EPA's discretionary use for 
unforeseen response actions at the Site until 5 years after the 
remedial construction is complete. At that point, any funds remaining 
from the $3.8 million will be split equally with the PRP group, with 
the group's share being disbursed over time as reimbursement for EPA-
approved operation and maintenance costs for the Site. EPA also will 
retain $2.275 million in the ACS Special Account for its future 
oversight costs for the Site, and $200,000 for the State of Indiana's 
future oversight costs for the Site. The Settling Defendants must pay 
any EPA or State oversight costs that exceed those amounts, until the 
entire remedy is certified as complete (i.e., in approximately 30 
years). If any amounts remain in the Special Account after the payments 
described above have been completed, the balance will be transferred to 
the Superfund.
    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 Resource Division, United 
States Department of Justice, Washington, DC 20530, and should refer to 
United States v. American Chemical Service, Inc., No. 2:00CV438 (N.D. 
Ind.), and DOJ Reference No. 90-11-3-1094/2.
    The proposed consent decree may be examined at: (1) The Office of 
the United States Attorney for the Northern District of Indiana, 1001 
Main Street, Ste. A, Dyer, Indiana 46311-1234, (219-322-8576); and (2) 
the United States Environmental Protection Agency (Region 5), 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590, (contact Michael 
McClary (312-886-7163). A copy of the proposed consent decree may be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, 
Washington, DC 20044. In requesting a copy, please refer to the 
referenced case and DOJ Reference Number and enclose a check in the 
amount of $37.00 for the consent decree only (148 pages at 25 cents per 
page reproduction costs), or $128.00 for the consent decree and all 
appendices (512 pages), made payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-20297 Filed 8-9-00; 8:45 am]
BILLING CODE 4410-15-M