[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52310-52311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19486]


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DEPARTMENT OF JUSTICE


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

    In accordance with 28 CFR 50.7 and section 122 of the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9622, the Department of Justice gives notice that a proposed 
consent decree, in United States, et al.,v. City of Waukegan, Illinois, 
et al., Civil No. 04 C 5172 (N.D. Ill.), was lodged with the United 
States District Court for the Northern District of Illinois on August 
11, 2004, pertaining to the Waukegan Manufactured Gas & Coke Plant Site 
(the ``Site''), Operable Unit 2 of the Outboard Marine 
Corporation Superfund Site located in Waukegan, Lake County, Illinois. 
The proposed consent decree would resolve the United States' civil 
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
against the Settling Defendants, two current owners of portions of the 
Site, and three former owners and operators of the Site.
    Under the proposed Consent Decree Performing Settling Defendants, 
General Motors Corp. (``GM'') and North Shore Gas Co. (``North 
Shore''), are obligated to finance and perform the remedial action at 
the Site selected by U.S.

[[Page 52311]]

Environmental Protection Agency (``U.S. EPA'') in a September 1999 
Record of Decision (``ROD''). The City of Waukegan, IL (the ``City'') 
will perform the operation and maintenance (``O&M'') portion of the 
remedy relating to soil cleanup at the Site using funds in an escrow 
account established by the Performing Settling Defendants. The Owner 
Settling Defendants, the City and Larsen Marine Service, Inc., are 
obligated to provide the access agreements and institutional controls 
required to implement the selected remedy. The Buyout Settling 
Defendant, Elgin Joliet & Eastern Railway Co., will pay GM and North 
Shore 10% of the cost of the remedial action, pursuant to a separate 
agreement among the Settling Defendants. The total cost of the remedial 
action is estimated to be approximately $27 million.
    The Performing Settling Defendants will pay U.S. EPA's and the 
State of Illinois' (the ``State's'') Interim Response Costs, primarily 
oversight costs paid or incurred between September 2002 and the 
effective date of the Consent Decree. In addition, the Performing 
Settling Defendants will pay all U.S. EPA's Future Response Costs 
excluding the first $1.35 million of Future Oversight Costs.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, United 
States Department of Justice, Washington, DC 20530, and should refer to 
United States, et al., v. City of Waukegan, Illinois, et al., Civil No. 
o4-C-5172 (N.D. Ill.), and DOJ Reference No. 90-11-3-07051. Commenters 
may request an opportunity for a public meeting in the affected area, 
in accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed consent decree may be examined at: (1) The Office of 
the United States Attorney for the Northern District of Illinois, 219 
South Dearborn Street, 5th Floor, Chicago, IL 60604, (312-252-1994); 
and (2) the United States Environmental Protection Agency (Region 5), 
77 West Jackson Blvd., Chicago, IL 60604-3507 (contact: Susan 
Tennenbaum (312-886-0273)). A copy of the proposed consent decree may 
be obtained by mail from the Consent Decree Library, U.S. Department of 
justice, P.O. Box 7611, Washington, DC 20044-7611. In requesting a 
copy, please refer to the referenced case and DOJ Reference Number and 
enclose a check in the amount of $23.50 for the consent decree only (94 
pages, at 254 cents per page reproduction costs), or $123.00 for the 
consent decree and all appendices (492 pages), made payable to the 
Consent Decree Library.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-19486 Filed 8-24-04; 8:45 am]
BILLING CODE 4410-15-M