[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Notices]
[Pages 57311-57312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28732]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree and Motions To Modify Prior
Consent Decrees Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, and the Resource Conservation and
Recovery Act
In accordance with 28 CFR 50.7 and Section 122 of the Comprehensive
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622,
the Department of Justice gives notice that a proposed consent decree
in United States v. Akzo Nobel Coatings, et al., civil No. 95-CV-71470
(E.D. Mich.), was lodged with the United States District Court for the
Eastern District of Michigan on September 25, 1998, pertaining to the
Metamora Landfill Superfund Site (``Site''), located in Metamora
Township, Michigan. The proposed consent decree would resolve the
United States' civil claims against two of the five defendants
remaining in that CERCLA cost recovery action.
Under the proposed consent decree, Akzo Nobel Coatings, Inc. will
pay $4,111,999, and The Dow Chemical Company will pay $3,000,000 in
partial reimbursement of the costs incurred by the United States in
connection with the Site.
As part of the settlement, the United States will covenant not to
sue the two settling defendants under Section 7003 of the Resource
Conservation and Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, as well
as CERCLA Sections 106 and 107, 42 U.S.C. 9606 and 9607.
The United States also has lodged with the United States District
Court for the Eastern District of Michigan motions to modify several
other consent decrees that have been lodged and/or entered pertaining
to the Site. The purpose of the amendments is to add a covenant not to
sue under RCRA Section 7003, 42 U.S.C. 6973.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent decree and to the aforementioned proposed
modifications to the previously entered/lodged consent decrees. In
accordance with RCRA Section 7003(d), 42 U.S.C. 6973(d), commentors
also may request an opportunity for a public meeting in the affected
area to discuss the proposed covenants not to sue under RCRA Section
7003, 42 U.S.C. 6973.
All comments, and/or requests for a public meeting under RCRA
Section 7003(d), should be addressed to the Assistant Attorney General,
Environment and Natural Resource Division, United States Department of
Justice, Washington, D.C. 20530.
Comments pertaining to only the proposed consent decree involving
Akzo Nobel Coatings and The Dow Chemical Company should refer to United
States v. Akzo Nobel Coatings, et al., Civil No. 95-CV-71470 (E.D.
Mich.) and DOJ Reference No. 90-11-3-289A.
Comments and/or requests for a public meeting regarding only the
[[Page 57312]]
proposed covenants not to sue under RCRA Section 7003 should refer to:
1. U.S. v. CertainTeed Corporation d/b/a Wolverine Technologies,
Inc., et al. (E.D. Mich., Civ. No. 98-71586) (90-11-3-289J);
2. U.S. v. Arkwright, Inc. (E.D. Mich., Civ. No. 96-75795) (90-11-
3-289E);
3. U.S. v. Kux Manufacturing, et al. (E.D. Mich., Civ. No. 96-
72189) (DOJ Reference No. 90-11-3-289L);
4. U.S. v. Champion Enterprises, Inc. (E.D. Mich., Civ. No. 98-
71283) (DOJ Reference No. 90-11-3-289K);
5. U.S. v. Imlay City, et al. (E.D. Mich., Civ. No. 98-70520) (DOJ
Reference No. 90-11-3-289M);
6. U.S v. Standard Detroit Paint Company (E.D. Mich., Civ. 98-
73268) (DOJ Reference No. 90-11-3-289H); and
7. United States v. Akzo Nobel Coatings, et al., (E.D. Mich., Civ.
No. 95-71470) (DOJ Reference No. 90-11-3-289A).
The proposed consent decree may be examined at: (1) the Office of
the United States Attorney for the Southern District of Ohio, Federal
Building, Room 602, 200 W. Second St., Dayton, Ohio 45400 (937-225-
2910); (2) the United States Environmental Protection Agency (Region
5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact
Peter Felitti (312-886-5514)); and (3) the U.S. Department of Justice,
Environment and Natural Resources Division Consent Decree Library, 1120
G Street, N.W., 4th Floor, Washington, D.C. 20005 (202-624-0892). 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. In requesting a copy, please refer to the
referenced case and DOJ Reference Number and enclose a check in the
amount of $5.25 for the consent decree only (21 pages at 25 cents per
page reproduction costs), or $6.00 for the consent decree and its
appendices (3 pages), made payable to the Consent Decree Library.
Requests for copies of the proposed stipulated motions should be
directed to the United States Environmental Protection Agency (Region
5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact
Peter Felitti (312-886-5514)), or the United States Department of
Justice Environmental Enforcement Section, P.O. Box 7611, Washington,
D.C. 20044 (contact Imogene Solomon (202-514-2487) or Jennifer Hales
(202-514-4150).
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-28732 Filed 10-26-98; 8:45 am]
BILLING CODE 4410-15-M