[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Page 26628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12628]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA'')

    Notice is hereby given that on April 21, 1998, a proposed Consent 
Decree was lodged with the United States District Court for the 
Northern District of Iowa in United States v. Foxley Cattle Co., et 
al., Civil Action No. C98-4032 DEO, (N.D. Iowa). The proposed Consent 
Decree settles claims asserted by the United States at the request of 
the United States Environmental Protection Agency (``EPA'') under 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 
9607(a), in a complaint filed concurrently with the lodging of the 
proposed Consent Decree. The complaint seeks reimbursement of response 
costs incurred and to be incurred by the United States in response to 
the release or threatened release of hazardous substances at the Mid-
America Tanning Company Superfund Site, located in Woodbury County, 
Iowa.
    Under the proposed Consent Decree, defendant Foxley Cattle Company 
shall, inter alia, reimburse the EPA Hazardous Substance Superfund 
$642,000, plus interest, shall pay $100,000 for payment of Natural 
Resource Damages to the United States, and shall conduct and perform 
groundwater sampling and analysis at the Site in accordance with an EPA 
approved plan. Defendant Andrew M. Hain shall, inter alia, reimburse 
the EPA Hazardous Substance Superfund $100,000. In exchange, and 
conditioned upon the complete and satisfactory performance of their 
obligations under the proposed Consent Decree, the settling defendants 
shall receive a covenant not to sue pursuant to Sections 106 and 107(a) 
of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of RCRA, 42 
U.S.C. 6973, to undertake response actions or to recover response costs 
at or in connection with the Site. Foxley also shall receive a covenant 
not to sue pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for 
Natural Resource Damages related to the Site. In addition, the settling 
defendants receive contribution protection under Section 113(f)(2), 42 
U.S.C. 9613(f)(2), for matters addressed in the proposed Consent 
Decree. The United States reserves the right to pursue the settling 
defendants in certain circumstances if previously unknown conditions or 
information indicates that response action performed at the Site is not 
protective of human health or the environment.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, D.C. 20503, and 
should refer to United States v. Foxley Cattle Co., et al., DOJ #90-11-
2-1185A. The proposed Consent Decree may be examined at the EPA Region 
7 Office at 726 Minnesota Ave., Kansas City, KS 66101. 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 (202) 624-0892. In requesting a copy, please enclose a check 
in the amount of $10.50 (25 cents per page) payable to the ``Consent 
Decree Library''.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-12628 Filed 5-12-98; 8:45 am]
BILLING CODE 4410-15-M