[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13044]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Notice is hereby given that on May 20, 2004 a proposed Consent 
Decree in United States v. The City and County of Denver, Waste 
Management of Colorado, Inc., and Chemical Waste Management, Inc., an 
action under section 106(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9606(b), 
was lodged with the United States District Court for the District of 
Colorado, Case No. 04-N-1031 (MJW).
    In this action, the United States sought to recover civil penalties 
arising from Defendants' failure to comply with EPA's Administrative 
Order for Remedial Design/Remedial Action, EPA Docket No. CERCLA VIII-
95-05, as it pertains to Defendants' implementation of the Landfill Gas 
Remedy at the Lowry Landfill Superfund Site which is located in Denver, 
Colorado. Specifically, in its Complaint the United States alleges that 
on numerous occasions between August 1998 and January 1999, Defendants 
failed to ensure compliance with Landfill Gas Performance Standards, 
failed to appropriately report exceedances of the LFGPS, and failed to 
take prompt action to prevent, abate or minimize the presence of 
volatile organic compounds (``VOCs'') in the subsurface environment at 
the Landfill Gas Compliance Boundary as required by the UAO.
    The Consent Decree provides that within thirty (30) days of the 
entry of the Consent Decree, the Defendants shall pay two hundred and 
sixty-five thousand dollars ($265,000.00) to the United States in 
satisfaction of the United States civil penalties claims.
    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 
the United States v. The City and County of Denver, Waste Management of 
Colorado, Inc., and Chemical Waste Management, Inc., Civil Action No. 
04-N-1031 (MJW), DOJ No. 90-11-3-06703.
    The Consent Decree may be examined at U.S. EPA Region 8, 999 18th 
Street, Suite 500, Denver, Colorado, 80202. During the public comment 
period, the Decree, may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
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 $4.50 payable to the 
U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-13044 Filed 6-8-04; 8:45 am]
BILLING CODE 4410-15-M