[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Notices]
[Page 36163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17177]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act

    In accordance with Departmental policy, 28 C.F.R. 50.7, notice is 
hereby given that a proposed consent decree in United States v. Lacks 
Industries, Inc., Case No. G87-413CA, was lodged on with the United 
States District Court for the Western District of Michigan on June 29, 
1995. The proposed consent decree resolves civil claims brought against 
Lacks Industries, Inc. (``Lacks'') under the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6901 et seq., relating to a 
Saranac, Michigan facility owned and operated by Lacks. The decree 
requires Lacks: (1) to cease treatment or disposal of additional 
hazardous waste at its Saranac facility except in accordance with 
applicable standards for hazardous waste generators and treatment, 
storage or disposal facilities; (2) to close hazardous waste management 
units at its Saranac facility in accordance with a closure plan 
approved by Michigan Department of Natural Resources (``MDNR''), and to 
provide post-closure care if waste residues are not completely removed 
or decontaminated as part of the closure process; (3) to provide 
financial assurances for closure and post-closure care of the Saranac 
facility; (4) to comply with liability coverage requirements for sudden 
and non-sudden occurences at the Saranac facility, in accordance with 
specified regulations; (5) to install and maintain a groundwater 
monitoring system at the Saranac facility and monitor groundwater in 
accordance with a groundwater quality assessment plan approved by MDNR 
and other applicable requirements; (6) to initiate corrective action at 
the Saranac facility by performing a RCRA Facility Investigation and 
Corrective Measures Study in accordance with work plans approved by 
U.S. EPA; and (7) to pay a $250,000 civil penalty previously assessed 
by the court in the above-referenced civil action against Lacks. The 
consent decree specifically reserves the right of the United States to 
assert additional claims to require Lacks to perform any corrective 
action measures which U.S. EPA selects following completion of the RCRA 
Facility Investigation and Corrective Measures Study.
    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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Lacks Industries, Inc., Case No. G87-413CA and the 
Department of Justice Reference No. 90-7-1-360.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Western District of Michigan, 399 Federal 
Building, 110 Michigan St. NW, Grand Rapids, Michigan, and at U.S. EPA 
Region 5, Office of Regional Counsel, 200 West Adams, Chicago, 
Illinois; and at the Consent Decree Library, 1120 G Street, N.W., 4th 
Floor, Washington, D.C. 20005, 202-624-0892. A copy of the proposed 
consent decree may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. 
In requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $17.75 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
Bruce S. Gelber,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 95-17177 Filed 7-12-95; 8:45 am]
BILLING CODE 4410-01-M