[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Notices]
[Pages 10596-10597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6097]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Order Modifying Amended Consent Decress 
Pursuant to the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, 42 U.S.C. 9622(I)

    Notice is hereby given that a proposed order modifying the Amended 
Consent Decree in United States v. Elmer Burrows, et al., Civil Action 
No. K88-128CA8, was lodged on February 23, 1996 with the United States 
District Court for the Western District of Michigan. The proposed 
modification of the Amended Consent Decree changes the cleanup 
standards for chromium in groundwater in connection with the remedial 
action at the Burrows Sanitation Site in Hartford Township, Van Buren 
County, Michigan, pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9101 et seq.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Order. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice,

[[Page 10597]]

Washington, D.C. 20530, and should refer to United States v. Elmer 
Burrows, et al., DOJ Ref. #90-11-2-223.
    The proposed Order Modifying Amended Consent Decree may be examined 
at the office of the United States Attorney, Room 399, Federal 
Building, 110 Michigan, NW, Grand Rapids, Michigan, 49503; the Region 5 
Office of the Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604; 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 Order Modifying Amended 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 $1.00 (25 cents per page reproduction costs), payable to the Consent 
Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.

United States District Court for the Western District of Michigan

    United States of America, Plaintiff/Counter-Defendant, v. Elmer 
Burrows d/b/a Burrows Sanitation and Auto Specialties Manufacturing 
Company, Defendants, and Duane Funk, Evelyn Funk, Douglas Mackinder, 
Georgia Mackinder, Du-Wel Products, Inc., Du-Wel Hartford, Inc., and 
Whirlpool Corporation, Defendants/Counter-Plaintiffs. Hon. Benjamin 
Gibson, File No. K88-128CA8.

Charles E. Barbieri,
(P31793)
Attorney for Defendant Du-Wel Products, Inc., 313 S. Washington 
Square, Lansing, Michigan 48933, Telephone: (517) 372-8050

Order Modifying Amended Consent Decree

    At a session of said Court, held in the District Court Rooms, 
Western District of Michigan, City of Grand Rapids, State of Michigan, 
on the ____ day of ________, 1994.
    Present: Honorable Benjamin Gibson, District Judge.
    This Court having reviewed the Joint Motion of Plaintiff, United 
States of America, and Defendant, Du-Wel Products, Inc., to Modify 
Amended Consent Decree entered July 20, 1992, and the Supporting Brief; 
this Court finding that the parties to the Amended Consent Decree have 
consented to the requested modification in the Joint Motion, and this 
Court, being fully advised in the premises;
    It is hereby ordered and Adjudged, that the Amended Consent Decree 
entered dated July 20, 1992, be amended as follows:
    11.A. Settling Defendants shall perform the Work required herein so 
that the concentrations of chemicals of concern in the groundwater do 
not exceed the Safe Drinking Water Act Maximum Contaminant Levels 
(MCLs), Maximum Contaminant Level Goals (MCLGs), whichever is lower, or 
Water Quality Criteria for Protection of Human Health due to Ingestion 
of Drinking Water, where no MCLs or MCLGs exist. These Groundwater 
Cleanup Standards for the chemicals of concern are as follows:

Chromium--100 UG/L
Copper--1,000 UG/L
Lead--20 UG/L
Nickel--150 UG/L
Zinc--5,000 UG/L.

    Extraction and off-site treatment and disposal of the groundwater 
is required to achieve the Groundwater Cleanup Standards and shall be 
implemented by Settling Defendants according to the schedule set forth 
in the Amended RAP. Settling Defendants shall, once Groundwater Cleanup 
Standards have been achieved, extract and treat and dispose of one 
additional volume of groundwater equal to that pumped to achieve the 
Groundwater Cleanup Standards, as required above, or, in the 
alternative, Settling Defendants may undertake an alternative to 
extracting and treating and disposing of one additional volume of 
groundwater equal to that pumped to achieve the Groundwater Cleanup 
Standards that is acceptable to and approved in writing by U.S. EPA. In 
any event, Settling Defendants shall continue to extract groundwater 
and to treat and dispose of the same off-site as required above unless 
and until U.S. EPA approves in writing an alternative to extracting and 
treating and disposing of one additional volume of groundwater equal to 
that pumped to achieve the Groundwater Cleanup Standards, as required 
above.
    It is further ordered that Table 2-1 on page 2-2 of the Amended 
Remedial Action Plan, which is part of the Amended Consent Decree 
entered by the Court on July 20, 1992, be amended as follows:

                     Groundwater Clean-up Standards                     
                   [Concentrations reported in UG/L.]                   
------------------------------------------------------------------------
                                                       Groundwater clean-
                  Indicator chemical                     up standards a 
------------------------------------------------------------------------
Chromium.............................................                100
Copper...............................................              1,000
    Lead.............................................                 20
Nickel...............................................              b 150
    Zinc.............................................              5,000
------------------------------------------------------------------------
a Based on SDWA MCLs, MCLGs, and proposed MCLGs.                        
b No MCL or MCLG established. Criteria based on Office of Drinking Water
  Health Advisory.                                                      

    It is so ordered.
Benjamin Gibson,
U.S. District Judge.
[FR Doc. 96-6097 Filed 3-13-96; 8:45 am]
BILLING CODE 4410-01-M