[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Notices]
[Page 51594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21924]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on August 14, 2003, 
a proposed Consent Decree in United States v. City of Hastings, et al., 
Civil Action No. 8:03-cv-321, was lodged with the United States 
District Court for the District of Nebraska.
    In this action the United States asserted claims under sections 106 
and 107(a) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607(a), seeking an 
order requiring the Defendants to implement EPA's selected remedy for 
the South Landfill Subsite of the Hastings Groundwater Contamination 
Site, located in the City of Hastings, Nebraska, and requiring the 
Defendants to reimburse the United States for costs incurred and to be 
incurred in response to releases or threatened releases of hazardous 
substances at the Subsite. The United States asserted these claims 
against the City of Hastings, Dravo Corporation, Dutton-Lainson 
Company, and Concrete Industries, Inc. The South Landfill Subsite, a 
former municipal landfill, is approximately 56 acres in size and is 
located southeast of the central business district of Hastings, Waste 
oils, sludges, and other materials containing hazardous substances were 
disposed of at the Subsite, resulting in contamination of soils and 
ground water beneath and down gradient of the Subsite.
    Under the terms of the proposed Consent Decree settling the claims 
asserted in the Complaint, the Defendants agreed to perform the 
remedial design and remedial action at the Subsite, pay $815,000 of 
EPA's past response costs, and all of the United states' future 
response costs. EPA's selected remedy for the Subsite consists of 
capping the landfill with an evapotranspiration cover, monitored 
natural attenuation of contaminated ground water emanating from beneath 
the landfill, and institutional controls. In return for the commitments 
by the Settling Defendants, the United States grants the Settling 
Defendants a covenant not to sue under Sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a), relating to the south Landfill 
Subsite.
    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, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. City of Hastings, et al., D.J. Ref. No. 90-11-2-1112/
4.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1620 Dodge Street, Suite 1400, Omaha, NE 68102-1506, 
and at U.S. EPA Region VII, 901 North Fifth Street, Kansas City, Kansas 
66025. 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, P.O. 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 from the Consent Decree Library, Please enclose a 
check in the amount of $41.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury. If requesting a copy of the Consent 
Decree exclusive of Appendices, please enclose a check in the amount of 
$12.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Catherine R. McCabe,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-21924 Filed 8-26-03; 8:45 am]
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