[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Notices]
[Page 35239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14823]



[[Page 35239]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree for Relief Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980

    Under 28 CFR 50.7, notice is hereby given that on May 16, 2003, a 
proposed Consent Decree resolving the United States' claims in United 
States of America v. Edward Schwarz, et al., Civil Action No. 1:02-CV-
568, was lodged with the United States District Court for the Western 
District of Michigan.
    In this action the United States sought recovery of response costs 
incurred in performing a removal action at the Orbit Enterprise 
Superfund Site located at 344 through 368 Burnham Street in Battle 
Creek, Michigan (``the Site''), pursuant to section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability of 
1980, as amended (``CERCLA''), 42 U.S.C. 9607(a). The United States 
asserts that Donald and Charlotte Walter, whose estates are now 
represented by the defendants, owned and operated the Site during the 
time that hazardous substances were released at the Site.
    Pursuant to the Consent Decree, the defendants will pay the United 
States $400,000 of the $725,202.97 in past response costs incurred by 
the EPA (including administrative, enforcement, and indirect costs) in 
performing a removal action at the Site. This payment will be due 
within 30 days after entry of the Consent Decree, and will resolve the 
United States' cost recovery claim the Walters' liability for failing 
to respond to an EPA information request issued pursuant to section 
104(e) of CERCLA, and the EPA lien previously placed on the Site 
property.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States of America v. Edward Schwarz, et al., Civil Action No. 
1:02-CV-568, DOJ Ref. No. 90-11-3-07524.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 330 Ionia Avenue NW., Grand Rapids, MI 49503, and at 
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. 
During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. a copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy, please enclose a check in the amount of $6.25 
payable to the U.S. Treasury.

William Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-14823 Filed 6-11-03; 8:45 am]
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