[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25109-25110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9441]


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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 42 U.S.C. 9622(d)(2)(A) and (B) and Departmental 
policy, notice is hereby given that on April 27, 2005, a proposed 
consent decree in the case captioned United States of America and the 
State of Illinois v. Kerr-McGee Chemical LLC, Civil Action No. 05 C 
2318 (N.D. Illinois), was lodged with the United States District Court 
for the Northern District of Illinois.
    This action under CERCLA Sections 106 and 107(a) involves four 
Superfund Sites in and around the City of West Chicago, Illinois: the 
Residential Areas Site (``RAS''), the Reed-Keppler Park (``RKP'') Site; 
the Kress Creek/West Branch of DuPage River (``Kress Creek'') Site; and 
the Sewage Treatment Plant (``STP'') Site (collectively ``Sites''). In 
a four count complaint, the United States and Illinois sought response 
costs at all four of the Sites, natural resource damages (``NRD'') at 
three Sites, and remediation at two Sites that have not yet been 
cleaned up.
    Under the Consent Decree, Kerr-McGee agrees to: (1) Perform the 
remedial actions selected by EPA for the two Sites that have not yet 
been cleaned up (the Kress Creek Site and the STP River Operable Unit 
(``OU'')); (2) implement a natural resources restoration plan for the 
stream bed, the stream banks, and riparian areas that will be damaged 
by the remedial work at these two Sites; (3) perform minor, remaining 
remedial action, monitoring and restoration work at the RAS, RKP Site, 
and the STP Upland OU; (4) undertake additional restoration activities 
in the amount of approximately $800,000; (5) reimburse EPA $6 million 
for past response costs; (6) pay EPA 100% of future, non-oversight 
response costs; (7) pay EPA up to $1.675 million for future oversight 
costs; (8) pay the State $100,000 for NRD-related costs; (9) page DOI 
$75,000 for NRD-related costs; (10) withdraw with prejudice a pending 
CERCLA 106(b) claim against EPA for reimbursement of costs incurred at 
the RKP Site; and (11) covenant not to sue the United States for any 
costs relating to the four Sites.
    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,

[[Page 25110]]

Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al. v. Kerr-McGee Chemical, LLC, D.J. Ref. No. 90-11-
2-07349/1.
    The Consent Decree may be examined at: (1) The United States 
Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590; (2) the City of West Chicago Public 
Library, 118 W. Washington St., West Chicago, IL 60185; and (3) the 
Warrenville Public Library, 28W751 Stafford Place, Warrenville, IL 
60555. During the public comment period, the Consent Decree 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 without 
Appendices may 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 number (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check on the amount of $24.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-9441 Filed 5-11-05; 8:45 am]
BILLING CODE 4410-15-M