[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Pages 53653-53654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27205]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehnsive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on September 29, 1997, a proposed De 
Minimis Consent Decree (``proposed Decree'') in United States and State 
of Indiana v. A. H. Choitz, et al., Civil Action No. 1:97-CV-362, was 
lodged with the United States District Court for the Northern District 
of Indiana (Fort Wayne Division).
    In this action the United States seeks relief under Sections 106 
and 107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. Secs. 9606 & 9607, for cost 
recovery and abatement of hazardous substances relating to the Wayne 
Reclamation and Recycling Site (Site), located near Columbia City, 
Indiana.
    The proposed Decree would resolve the liability of over 800 de 
minimis parties. These parties were customers of a now-defunct company 
known as Wayne Reclamation, which operated the Site in the 1970's and 
1980's and which transported and disposed of a wide variety of 
substances, including waste oil. Each of the proposed de minimis 
settlers allegedly arranged with Wayne Reclamation for the disposal of 
minimal amounts of hazardous substances which ultimately were disposed 
of at the Site.
    Under the proposed Decree, each of these 800-plus de minimis 
settlers

[[Page 53654]]

receives contribution protection for response costs incurred and to be 
incurred in cleaning up the Site, as well as covenants not to sue from 
the United States under Sections 106 and 107 of CERCLA and Section 7003 
of the Resource Conservation and Recovery Act (``RCRA''). The State of 
Indiana, co-plaintfiff in this case, gives similar covenants to the de 
minimis settlers. Also joining the proposed Decree are private parties 
(``the Large Volume PRPs'') who are obligated under a prior consent 
decree with the United States and State of Indiana to design, 
construct, and maintain the remedial action that EPA selected for the 
Site. Under the proposed Decree, the Large Volume PRSs relinquish their 
contribution claims against all the de minimis settlers and against any 
other person not already sued in contribution for costs incurred in 
connection with this Site.
    In return for these covenants, the de minimis settlers shall pay, 
in total, approximately $5.4 million to the large Volume PRPs. In 
addition, the United States and State of Indiana shall receive from the 
Large Volume PRPs approximately $203,000, in reimbursement of past 
costs and in resolution of a natural resource damages claim.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposing Decree. Comments should be addressed to the Assistant 
Attorney General of the Environmental and Natural Resources Division, 
Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 
20530, and should refer to United States and State of Indiana v. A.H. 
Choitz, et al., Civil Action No. 1:97-CV-362, D.J. Ref. 90-11-3-603A. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
Sec. 6973(d).
    The proposed Decree may be examined at the Office of the United 
States Attorney, 3128 Federal Building, 1300 S. Harrison Street, Fort 
Wayne, Indiana 46802, at the Office of Regional Counsel, U.S. EPA 
Region 5, 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 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 of the entire Decree, 
including all signature pages and attachments, please enclose a check 
in the amount of $126.25 (25 cents per page reproduction cost) payable 
to the Consent Decree Library. In requesting a copy of only the text of 
the proposed Decree, a stipulation related to the proposed Decree, and 
the signature page of the United States, please enclose a check in the 
amount of $9.50 (25 cents per page reproduction cost) payable to the 
Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-27205 Filed 10-14-97; 8:45 am]
BILLING CODE 4410-15-M