[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35457-35458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16823]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


United States and the State of Indiana v. Guide Corp. and Crown 
E.G., Inc.; Notice of Lodging of Consent Decree Pursuant to the Clean 
Water Act, the Resource Conservation and Recovery Act, the Emergency 
Planning and Community Right-to-Know Act, and the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy and 28 CFR 50.7, the 
Department of Justice gives notice that a proposed consent decree with 
Guide Corporation (``Guide'') in the case captioned United States and 
the State of Indiana v. Guide Corporation and Crown EG, Ind., Civil 
Action No. IP00-0702-C-D/F (S.D. Ind.) was lodged with the United 
States District Court for the Southern District of Indiana on June 18, 
2001. The proposed consent decree relates to a massive fish kill that 
occurred in the White River in December 1999 and January 2000, from the 
City of Anderson, Indiana downstream past the City of Indianapolis, 
Indiana. Guide operates an automotive lighting parts production 
facility in Anderson, Indiana (the ``Anderson Facility''), and is 
alleged to have discharged industrial wastewater from the Anderson 
Facility that caused the fish kill.
    The proposed consent decree would resolve civil claims of the 
United States and the State of Indiana against Guide under: (1) The 
Clean Water Act (the ``CWA''), 33 U.S.C. 1251 et seq., and 
corresponding state law; (2) the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6901 et seq., and corresponding state law; (3) 
the release reporting provisions of Section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, (``CERCLA''), 
42 U.S.C. 9603, and section 304 of the Emergency Planning and Community 
Right-to-Know Act (``EPCRA''), 42 U.S.C. 11004; (4) the natural 
resource damage provisions of CERCLA Section 107, CWA Section 311(f), 
and corresponding state law; (5) the response cost recovery provisions 
of CERCLA Section 107 and corresponding state law; and (6) state common 
law. To the extent provided by the proposed consent decree, certain 
specified benefits of the settlement would also extend to four non-
defendants, as Additional Covered Persons, namely: Lightsource Parent 
Corporation (Guide's parent corporation), Vehicle Lighting, Inc. (the 
parent corporation of Lightsource Parent Corporation), Guide Indiana, 
LLC (a Guide affiliate and the Anderson Facility's lessee), and General 
Motors Corporation (the owner of the Anderson Facility).
    As required by the proposed consent decree, Guide already has paid 
$10,025,000 into a Court Registry Account administered by United States 
District Court for the Southern District of Indiana. If the proposed 
consent decree is approved and entered by the Court, that $10,025,000 
could be disbursed from the Court Registry Account and divided as 
follows: (1) $2,000,000 in civil penalties would be split evenly 
between the United States and the State; (2) $2,000,000 in CERCLA 
response costs and natural resource damage assessment costs would be 
paid to the State; (3) $25,000 in natural resource damage assessment 
costs would be paid to the U.S. Department of the Interior; and (4) 
$6,000,000 would be paid into two ``White River Restoration Funds'' to 
be established by the State, to fund fish restocking and river 
restoration projects.
    The proposed consent decree also would require that Guide complete 
a RCRA Compliance Audit Program, designed to ensure that waste 
materials are not being improperly stored in pipes, equipment, tanks, 
sumps, and trenches in specified areas at the Anderson Facility. After 
completing the Compliance Audit Program, Guide would be required to 
submit a comprehensive Compliance Audit Report to the U.S. 
Environmental Protection Agency and the Indiana Department of 
Environmental Management.
    For a period of thirty (30) days from the date of this publication, 
the Department of Justice will receive comments relating to the 
proposed consent decree. Comments should be

[[Page 35458]]

addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, United States Department of Justice, PO Box 7611, 
Washington, DC 20044-7611, and should refer to United States and the 
State of Indiana v. Guide Corporation and Crown EG, Inc., Civil Action 
No. IP00-0702-C-D/F (S.D. Ind.), and DOJ Reference Numbers 90-5-2-1-
07043 and 90-5-2-1-07043/1.
    An electronic copy of the proposed consent decree is posted on the 
Indiana Department of Environmental Management's website at www.IN.gov/idem/macs/factsheets/whiteriver. A signed copy of the proposed consent 
decree, including all appendices, may be examined at: (1) The Office of 
the United States Attorney for the Southern District of Indiana, 10 
West market Street, Suite 2100, Indianapolis, Indiana 46204 (contact 
Thomas E. Kieper (317-226-6333)); and (2) the United States 
Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, 
Chicago, Illinois 60604 (contact Nicole Cantello (312-886-2870)). 
Copies of the proposed consent decree may also be obtained by mail from 
the Department of Justice Consent Decree Library, PO Box 7611, 
Washington, DC 20044-7611. In requesting copies, please refer to the 
above-referenced case name and DOJ Reference Numbers, and enclose a 
check made payable to the Consent Decree Library for $18.75 (75 pages 
at 25 cents pre page reproduction cost).

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-16823 Filed 7-3-01; 8:45 am]
BILLING CODE 4410-15-M