[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Notices]
[Page 56931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19404]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 12, 2005, a proposed 
Consent Decree in United States v. E.I. Du Pont de Nemours and Company, 
et al. Civil Action No. 1:03CV29 (and related case E.I. Du Pont de 
Nemours and Company v. United States, Civil Action No. 1:02CV177) was 
lodged with the United States District Court for Northern District of 
West Virginia.
    In the United States v. DuPont, et al. action, the United States 
seeks the recovery of response costs incurred in connection with 
Ordinance Works Disposal Areas Superfund Site, located in Morgantown, 
West Virginia (Site ID number WV000850404). The United States' original 
complaint, filed in 2003, named only DuPont as a defendant; an amended 
complaint that was filed simultaneously with the proposed consent 
decree, adds as defendants EPEC Polymers, Inc., General Electric 
Company, Olin Corporation, and Rockwell Automation. In the Amended 
Complaint the United States alleges that each defendant owned and/or 
operated the Site at the time of disposal or treatment, and/or arranged 
for the disposal and/or treatment of wastes containing hazardous 
substances at the Site, within the meaning of 42 U.S.C. 9607(a).
    Under the proposed consent decree EPEC Polymers, Olin Corp. and 
Rockwell Automation (the defendants who performed the remedial action 
at the Site, or the ``Performing Defendants'') will reimburse to EPA 
past response costs paid at the Site in the amount of $1,532,174.65, 
plus interest. Further, under the proposed Consent Decree, the United 
States, on behalf of the United States Army and other federal 
departments and agencies, shall: (1) Reimburse to EPA past response 
costs in the amount of $1,760,700.17; and (2) reimburse the Performing 
Defendants their past response costs in the amount of $2,420,082.80 
plus interest. Additionally, under the proposed consent decree the 
United States, on behalf of the Settling Federal Agencies, has 
committed to paying EPA and the State of West Virginia 53.47% of their 
future response costs, and the Performing Defendants have committed to 
paying EPA and the State of West Virginia 46.53% of their future 
response costs. Because the United States, pursuant to a judicial 
decision, is required to indemnify DuPont for costs it incurred in 
connection with the Ordnance Works Site, DuPont will not be making a 
payment under this Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to this 
Consent Decree in United States v. DuPont, et al. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611, and should refer to United States v. DuPont, 
et al., D.J. Ref. 90-11-2-369/2.
    The United States v. DuPont, et al. Consent Decree may be examined 
at the Office of the United States Attorney for the Northern District 
of West Virginia, at the Clarksburg Federal Center, 320 West Pike 
Street, Suite 300, Clarksburg, West Virginia 26301-2710 (ask for Alan 
McGonigal) and at U.S. EPA Region III's Office, 1650 Arch Street, 
Philadelphia, PA (ask for Andrew Goldman). During the public comment 
period, the United States v. DuPont, et al. 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 may 
also 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 no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $55.00 (25 cents per 
page reproduction cost) for a full copy of the consent decree, or 
$14.00, for a copy without signature pages, and attachments, payable to 
the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-19404 Filed 9-28-05; 8:45 am]
BILLING CODE 4410-15-M