[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Notices]
[Pages 59821-59822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26244]


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DEPARTMENT OF JUSTICE


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

    Under 42 U.S.C. 9622(d)(2), 42 U.S.C. 6973(d), and 28 C.F.R. 50.7, 
notice is hereby given that on October 1, 2003, a proposed Consent 
Decree in United States and the State of Wisconsin v. P.H. Glatfelter 
Company and WTM I Company, Civil Action No. 03-C-949 (E.D. Wis.) was 
lodged with the United States District Court for the Eastern District 
of Wisconsin.
    The Consent Decree concerns polychlorinated biphenyl (``PCB'') 
contamination in the portion of the Lower Fox River and Green Bay Site 
designated as Operable Unit 1. Under the proposed settlement set forth 
in the Consent Decree, P.H. Glatfelter Company and WTM I Company (the 
``Defendants'') would implement the cleanup remedy for Operable Unit 1 
that was selected in a December 2002 Record of Decision issued jointly 
by the U.S. Environmental Protection Agency (``EPA'') and the Wisconsin 
Department of Natural Resources (``WDNR''). The Defendants would pay 
for that remedial action work using a specially-dedicated fund to be 
established by the companies. That fund would ultimately hold more than 
$60 million, including $50 million from the Defendants, an additional 
$10 million available under a prior interim settlement with Appleton 
Paper Inc. and NCR Corporation, and all interest earned on the money 
placed in the fund. If that dedicated fund is not sufficient to finance 
the completion of the work, the Consent Decree reserves the Plaintiffs' 
rights to require the Defendants to perform or pay for the continuation 
and completion of the work. The settlement would not resolve the 
Defendants' potential liability for response activities or response 
costs relating to areas of the Site other than Operable Unit 1. The 
Consent Decree also would require the Defendants to pay $3,000,000 for 
natural resource damages and $1,050,000 as partial reimbursement of 
past costs incurred by EPA, WDNR, and the U.S. Department of the 
Interior. Even so, the Consent Decree would not resolve the Defendant's 
potential liability for payment of additional natural resources damages 
or for additional unreimbursed past costs incurred by the United States 
or the State of Wisconsin.
    The United States intends to hold a public meeting regarding the 
Consent Decree in the affected area, in accordance with Section 7003(d) 
of the Resource Conservation and Recovery Act, 42 U.S.C. 6973(d). The 
meeting will be held at the Neenah Public Library, 240 E. Wisconsin 
Street in Neenah, from 7:00 p.m. to 9 p.m. on Wednesday, October 29, 
2003. Representatives of the Department of Justice, EPA, and WDNR will 
attend the public meeting to provide information and to answer 
questions concerning the Consent Decree. Formal comments relating to 
the Consent Decree will not be accepted in oral form at the public 
meeting. Any such comments should be submitted in writing as described 
below.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. 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 and the State of Wisconsin v. P. H. Glatfleter Company 
and WTM I Company, Civil Action No. 03-C-949 (E.D. Wis.) and D.J. Ref. 
90-11-2-1045/2.

[[Page 59822]]

    The Consent Decree may be examined at: (1) The offices of the 
United States Attorney, 517 E. Wisconsin Avenue, Room 530, Milwaukee, 
Wisconsin; and (2) the offices of EPA Region 5, 77 West Jackson 
Boulevard, 14th Floor, Chicago, Illinois. 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.htm. 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 $77.00 
(308 pages at 25 cents per page reproduction cost) payable to the U.S. 
Treasury. For a copy of the Consent Decree alone, without appendices, 
please enclose a check a check in the amount of $27.50 (110 pages at 25 
cents per page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-26244 Filed 10-16-03; 8:45 am]
BILLING CODE 4410-15-M