[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Pages 19784-19785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7468]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 31, 2005, a proposed 
Supplemental Consent Decree, in United States, et al., v. Outboard 
Marine Corp., et al., Civil No. 88-C-8571 (N.D. Ill.), was lodged with 
the United States District Court for the Northern District of Illinois, 
pertaining to the Outboard Marine Corporation (``OMC'') Superfund Site 
(the ``Site''), located in Waukegan, Lake County, Illinois.
    The Supplemental Consent Decree among the United States on behalf 
of the U.S. EPA, the State of Illinois (the ``State'') (collectively, 
``Government Plaintiffs'') and the City of Waukegan, Illinois (the 
``City'') under the Comprehensive Environmental Response, Compensation 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601-9675; the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-
6992k; the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; 
and other authorities, resolves the potential liability of the City, 
which has petitioned for leave of Court to intervene as Defendant, and 
its successors, assigns and transferees, for Existing Contamination at 
a portion (the ``Property'') of the Site, located in Waukegan, Lake 
County, Illinois. The proposed settlement, incorporating aspects of a 
prospective purchaser agreement, is captioned as a Supplemental Consent 
Decree in this case brought in 1988 against OMC, which is currently in 
Chapter 7 bankruptcy proceedings initiated in December 2000 in 
Bankruptcy Court for the Northern District of Illinois.
    This civil action was initially brought by the United States and 
the State of Illinois in 1988 against OMC under CERCLA and other 
authorities, in connection with releases and threatened releases of 
hazardous substances at the OMC Site, including the Property. On or 
about May 1, 1989, the Court entered a Consent Decree and Order 
resolving the Government Plaintiffs' claims against OMC. Under that 
Consent Decree, OMC completed design, remediation and restoration 
activities in 1995 to address polychlorinated biphenyl compounds 
(``PCB'') contamination in the Waukegan Harbor, lagoons, ditches and 
other areas around portions of the OMC Site, including the Property, 
pursuant to a Record of Decision issued by U.S. EPA under CERCLA. OMC 
performed operation and maintenance (``O&M'') of the Waukegan Harbor 
PCB remedy under the 1989 Consent Decree until January 2001, shortly 
after filing for bankruptcy.
    Under the Supplemental Consent Decree, the City, after acquiring 
the Property, will finance and perform major aspects of the O&M of the 
Waukegan Harbor PCB Remedy, perform certain maintenance measures for 
Plant 2, a building structure on the Property, and implement 
institutional controls relating to the Property. The City will receive 
a covenant not to sue under Sections 106 and 107(a) CERCLA, 42 U.S.C. 
9606 and 9607(a)--excluding natural resource damages--and certain 
provisions of RCRA, the Toxic Substances Control Act, 15 U.S.C. 2601-
2692, the Clean Water Act, 33 U.S.C. 1251-1387, the Illinois 
Environmental Protection Act, 415 ILCS 5/1 et seq., Section 13 of the 
River and Harbors Act of 1899, 33 U.S.C. 407, the Illinois Public 
Nuisance Act, 415 ILCS 5/47-5 et

[[Page 19785]]

seq. and common law nuisance with respect to the Existing Contamination 
at the property.
    The United States and the State reserve their rights against the 
City for, among other things, failure to meet requirements of the 
Supplemental Consent Decree, exacerbation of Existing Contamination, 
and claims relating to any lien provisions of Section 107 of CERCLA, 42 
U.S.C. 9607. The Supplemental Consent Decree terms anticipate that the 
City intends to develop the Property as part of a multi-parcel 
Brownfields initiative for the Waukegan Harbor area.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Supplemental Consent Decree. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, United States Department of Justice, P.O. Box 7611, 
Washington, DC 20044-7611, and should refer to United States et al., v. 
Outboard Marine Corp. et al., Civil No. 88-C-8571 (N.D. Ill.), and DOJ 
Reference No. 90-11-3-07051/3. 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 Supplemental Consent Decree may be examined at: (1) 
The Office of the United States Attorney for the Northern District of 
Illinois, U.S. Courthouse, 1500 South, Everett McKinley Dirksen Bldg., 
219 South Dearborn St., Chicago, IL 60604 (312-353-1994); and (2) the 
United States Environmental Protection Agency (Region 5), 77 West 
Jackson Blvd., Chicago, IL 60604-3507 (contact: Thomas Martin (312-886-
4273)).
    During the public comment period, the proposed Supplemental 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 porposed 
Supplemental Consent Decree may also be obtained by mail from the 
Consent Decree Library, U.S. Department of Justice, P.O. 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 $10.50 for the Supplemental Consent Decree only (42 pages, at 
25 cents per page reproduction cost), or $76.50 for the Supplemental 
Consent Decree and all appendices (306 pages), made payable to the U.S. 
Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-7468 Filed 4-13-05; 8:45 am]
BILLING CODE 4410-15-M