[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Pages 36394-36395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17494]


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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Relating to the Lemberger 
Superfund Sites in Manitowoc County, WI, Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that three proposed consent decrees in 
United States v. Invincible Metal Furniture Company, Inc., Civil Action 
No. 96-C-740, United States v. A & P (Whitehouse Division), et al., 
Civil Action No. 96-C-738, and United States v. A.C.E. Building 
Service, Inc., et al., Civil Action No. 96-C-739 (and related cases-
Lemberger Sites Remediation Group v. Amoco Corp., et al., Civil Action 
No. 95-C-1064 and Lemberger Sites Remediation Group v. A.M. Richter & 
Sons, Co., et al., Civil Action No. 95-C-1065) were lodged with the 
United States District Court for the Eastern District of Wisconsin, on 
June 21, 1996. All of these actions were commenced pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. Sec. 9601, et seq. in connection with the 
Lemberger Landfill Superfund Site (#5-3E), and the Lemberger Transport 
& Recycling Superfund Site (#5-J4) (See the National Priorities List in 
40 CFR Part 300, Appendix B) which are located near the intersection of 
Hempton Lake and Sunnyslope Roads, near the town of Whitelaw, in 
Manitowoc County, Wisconsin.
    The Operable Unit 1 and Operable Unit 2 remedial and removal 
actions at the two Lemberger Sites are being performed by a group of 
potentially responsible parties (the Lemberger Sites Remediation Group 
or the ``LSRG'') who signed a Consent Decree in 1992 and an 
Administrative Order in 1993 with the United States. In the first 
proposed consent decree with Invincible Metal Furniture Company, 
Invincible, which following the signing of the 1993 Administrative 
Order joined the LSRG, is now committing to the United States to 
perform the Operable Units 1 and 2 remedial and removal actions for the 
two Lemberger Sites, to pay the United States' and the State of 
Wisconsin's future response costs for the Sites, and to pay $600,000 
towards the United States' past response costs incurred and paid in 
connection with the two Lemberger Sites.
    The United States is also lodging two proposed consent decrees with 
parties who contributed ``de minimis'' amounts of waste to the 
Lemberger Sites: a ``global decree'' which is a settlement among the 
signatories, the LSRG and the United States, and a ``partial decree'' 
which is a settlement between the signatories and the United States 
only. Under the proposed ``Global De Minimis Consent Decree'' with 
A.C.E. Building Services, Inc., et al., if all signatories to the 
consent decree meet their commitments, the LSRG will be paid 
approximately $1,183,000 toward the costs it has incurred and will 
continue to incur in remediating the Lemberger Sites, and the United 
States will be paid approximately $287,000 towards the costs it has 
incurred and paid in connection with the Lemberger Sites. Under the 
proposed ``partial'' consent

[[Page 36395]]

decree with A & P (Whitehouse Division), et al., if all signatories to 
that decree meet their commitments, the United States will be paid 
approximately $126,000 towards the costs it has incurred and paid in 
connection with the Sites.
    The Department of Justice will receive comments relating to the 
proposed consent decrees for a period of 30 days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530 (attention: Lisa Cherup). All 
comments should refer to ``United States v. Invincible Metal Furniture 
Company, Inc., United States v. A.C.E. Building Service, Inc., et al., 
and United States v. A & P (Whitehouse Division), et al. (Lemberger 
Superfund Sites) DJ # # 90-11-2-712B & E.''
    The proposed consent decrees may be examined at the Office of the 
United States Attorney for the Eastern District of Wisconsin, 517 E. 
Wisconsin Ave., Room 530, Milwaukee, WI 53202 (c/o William Lipscomb); 
the Region V Office of the U.S. Environmental Protection Agency, 77 
West Jackson Street, Seventh Floor, Chicago, Illinois 60604; at the 
Department of Justice Consent Decree Library, 1120 G Street, N.W., 4th 
Floor, Washington, DC 20005 (202) 624-0892 or at the Manitowoc Public 
Library, 808 Hamilton Street, Manitowoc, Wisconsin (414) 683-4862. A 
copy of any one or more of the proposed consent decrees may be obtained 
in person or by mail from the Department of Justice Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In 
requesting a copy, please refer to the above-referenced DJ numbers, and 
enclose a check in the amount of $25.50 (twenty-five cents per page 
reproduction costs) for the entire Global De Minimis Consent Decree 
with all signature pages (102 pages total), $10.00 for the Global De 
Minimis Consent Decree without all signature pages (40 pages), $8.00 
for the Partial De Minimis Consent Decree (32 pages), and $5.00 for the 
Invincible Consent Decree (20 pages), payable to the Consent Decree 
Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 96-17494 Filed 7-9-96; 8:45 am]
BILLING CODE 4410-01-M