[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Notices]
[Page 35060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14261]



[[Page 35060]]

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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) and 28 CFR 50.7, notice is hereby given 
that on June 15, 2004, a proposed Consent Decree in United States v. 
Industrial Excess Landfill, Inc., Civil Action Number 5:89-CV-1988 
(consolidated with State of Ohio v. Industrial Excess Landfill, Inc., 
Civil Action Number 5:91-CV-2559), was lodged with the United States 
District Court for the Northern District of Ohio.
    The consent decree resolves claims against five defendants brought 
by the United States on behalf of the Environmental Protection Agency 
(``EPA'') under sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606 
and 9607, for response costs incurred and to be incurred by the United 
States in responding to the release and threatened release of hazardous 
substances at the Industrial Excess Landfill Superfund Site in 
Uniontown, Ohio. Under the Consent Decree, the Settling Defendants will 
perform the remedy for the Site as set forth in the completed Remedial 
Design for the Site, pay $17,925,000 (plus interest on this amount 
running from October 1, 2003) for past costs, and pay all interim and 
future response costs as defined in the Consent Decree that have been 
or will be incurred by the United States (subject to a limit of 
$700,000 for the portion of future response costs incurred in 
monitoring and overseeing Settling Defendants' performance of the 
remedy). The United States covenants not to sue the Settling Defendants 
regarding the Site, subject to reservations of rights for unknown 
conditions and information, and other reservations commonly included in 
CERCLA settlements.
    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 v. Industrial Excess Landfill, Inc., DOJ Ref. 
90-11-3-247A.
    The Consent Decree (including all its Appendices A through F) may 
be examined at the Office of the United States Attorney, Northern 
District of Ohio, 801 West Superior Avenue, Suite 400, Cleveland, Ohio 
44113, and the Region 5 Office of the Environmental Protection Agency, 
77 W. Jackson Blvd., Chicago, Illinois 60604. During the public comment 
period, the Consent Decree and all Appendices 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 2004-7611, or by faxing or e-mailing a request 
to Tonia Fleetwood, [email protected], Fax No. (202) 514-0097, 
phone confirmation number (202) 514-1547.
    The Department of Justice requires payment of reproduction costs 
(25 cents per page for standard paper sizes) for copies requested from 
the Consent Decree Library. In requesting a copy of the Consent Decree 
text only from the Consent Decree Library, please enclose a check in 
the amount of $23.75 payable to the U.S. Treasury. To obtain a copy of 
the text of the Consent Decree and Appendices A through E, which are on 
standard 8\1/2\ by 11 inch paper enclose a check in the amount of 
$58.25 payable to the U.S. Treasury. Appendix F to the Consent Decree 
is the Remedial Design submitted by the Settling Defendants pursuant to 
a prior Administrative Order. Appendix F includes numerous color and 
oversize pages that require special services to reproduce. To obtain a 
paper or CD-ROM copy of Appendix F, please call Ms. Tonia Fleetwood at 
(202) 514-1547 to discuss reproduction costs and delivery arrangements. 
Note that in addition to the locations identified above where the 
Consent Decree is available, the Remedial Design (Appendix F) may also 
be examined at the Site information repositories located at: (1) Lake 
Township Clerk's Office, 12360 Market North, Hartville, Ohio 44632, and 
(2) Hartville Branch Library, 411 East Maple Street, Hartville, Ohio 
44632.

W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-14261 Filed 6-22-04; 8:45 am]
BILLING CODE 4410-15-M