[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] ======================================================================= ----------------------------------------------------------------------- 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