[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Pages 60189-60190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22527]


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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 
First Amendment to the Consent Decree, in United States v. The Upjohn 
Co. et al. v. ABF Freight System, Inc., et al. Civil No. 1:92-CV-659 
(W.D. Mich.), was lodged with the United States District Court for the 
Western District of Michigan on September 10, 2004, pertaining to the 
West KL Avenue Landfill Superfund Site (the ``Site''), located on West 
KL Avenue, Oshtemo Township, Kalamazoo County, Michigan. The proposed 
First Amendment to the Consent Decree amends a Consent Decree entered 
by the Court in 1992 that resolved the United States' civil claims 
under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, against 
Pharmacia Corp., successor to The Upjohn Company; Kalamazoo County; 
Charter Township of Oshtemo; the City of Kalmazoo (collectively, the 
``Performing Settling Defendants''); and 219 additional Third-Party 
Defendant generators at the Site (all defendants, collectively, the 
``Settling Defendants'').
    Under the proposed First Amendment to the Consent Decree, the 
Performing Settling Defendants are obligated to implement a Record of 
Decision (``ROD'') Amendment, issued by the U.S. Environmental 
Protection Agency (``EPA'') on February 27, 2003, of a 1990 ROD for the 
Site. The ROD Amendment requires the establishment of a new municipal 
water service zone or alternative institutional controls around a newly 
discovered area of groundwater contamination and a buffer zone within a 
determined area extending beyond the contamination, in which every 
property in the zone will be hooked up to the City of Kalmazoo's 
municipal water system, and in which groundwater use will be 
restricted. The ROD Amendment revises the groundwater cleanup standards 
established in the original 1990 ROD, replacing the Michigan Act 307 
type B standards with the current residential standards established 
under Part 201 of the Natural Resources and Environmental Protection 
Act, 1994 PA 451, as amended (formerly known as Michigan Act 307). The 
ROD Amendment also provides for the continuation of natural attenuation 
studies and calls for the preparation of the landfill cap design to 
continue while those studies are underway.
    Under the proposed First Amendment to Consent Decree, Plaintiff and 
the Performing Settling Defendants agree to modify the terms of the 
Consent Decree, as provided by Paragraph 85 of the Consent Decree, to 
require the Performing Settling Defendants to implement the provisions 
of the February 27, 2003 ROD Amendment. The Settling Defendants other 
than the Performing Settling Defendants are not signatories to the 
proposed First Amendment to the Consent Decree. However, the First 
Amendment to the Consent Decree does not add to or change any of the 
settlement obligations of the Settling Defendants other than the 
Performing Settling Defendants, and none of the settling Third-Party 
Defendants will have any obligations to implement the provisions of the 
February 27, 2003 ROD Amendment.
    To facilitate future modifications to the Consent Decree regarding 
implementation of the Work, if any, the First Amendment to the Consent 
Decree also effectively modifies the provisions of Paragraph 85 in the 
Consent Decree so that notification to the Settling Defendants other 
than the Performing Settling Defendants for any future material 
modifications to the Work under the Consent Decree will not be 
required.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed First Amendment to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, United States Department of Justice, PO Box 7611, 
Washington, DC 20044-7611, and should refer to United States v. The 
Upjohn Co. et. a., v. ABF Freight System, Inc., et al., Civil No. 1:92-
CV-659 (W.D. Mich.), and DOJ Reference No. 90-11-2-561.
    The proposed First Amendment to the Consent Decree may be examined 
at: (1) the Office of the United States Attorney for the Western 
District of Michigan, 330 Ionia Ave. NW., Suite 501, Grand Rapids, MI 
49503, (616-456-2404); and (2) the United States Environmental 
Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604-
3507 (contact: Stuart Hersh (312-886-6235)).
    During the public comment period, the proposed First Amendment to 
the Consent Decree may also be examined on the following U.S. 
Department of Justice Web site, http://usdoj.gov/enrd/open.html. A copy 
of the proposed First Amendment to the Consent Decree may also be 
obtained by mail from the

[[Page 60190]]

Consent Decree Library, U.S. Department of Justice, PO Box 7611, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood ([email protected]), fax no (202) 514-0097, phone 
confirmation no. (202) 514-1547. In requesting a copy, please refer to 
the referenced case and DOJ Reference Number and enclose a check in the 
amount of $2.50 for the First Amendment to the Consent Decree only (10 
pages, at 25 cents per page reproduction costs), or $13.25 for the 
First Amendment to the Consent Decree and all appendices (53 pages), 
made payable to the Consent Decree Library.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-22527 Filed 10-6-04; 8:45 am]
BILLING CODE 4410-15-M