[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Page 69587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22738]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on November 4, 2005, a proposed Amended 
Consent Decree in United States v. Tecumseh Products Company, Civil 
Action No. 03-C-401 (E.D. Wisc.) was lodged with the United States 
District Court for the Eastern District of Wisconsin.
    In this action, the United States seeks the implementation of 
response actions at, and the reimbursement, pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9601, et seq., (``CERCLA''), of costs incurred by the United 
States in responding to a release or threat of release of hazardous 
substances in, the Upper River section of the Sheboygan River and 
Harbor Superfund Site in Sheboygan County, Wisconsin (the ``Site''). 
The United States alleges that Tecumseh Products Company (``Tecumseh'') 
arranged for disposal of hazardous substances in the Upper River 
portion of the Site and therefore is liable for the reimbursement of 
response costs and the performance of response actions under CERCLA.
    On May 12, 2004, the United States District Court for the Eastern 
District of Wiscon approved and entered a Consent Decree that requires 
Tecumseh to: (1) Implement those components of the remedy set forth in 
a May 12, 2004 U.S. EPA Record of Decision that address the Upper River 
section of the Site: (2) pay at least $2.1 million towards the United 
States' past site past response costs, which total approximately $3.42 
million; and (3) pay all future Upper River response costs incurred by 
the United States.
    Under the proposed Amended Consent Decree, a third party, 
designated a ``Work Party,''would become party to the Amended Consent 
Decree and would be jointly and severally liable for completing the 
cleanup of the Upper River Section of the Site. Tecumseh, however, will 
continue to be liable for completion of the remedy. The Work Party has 
signed the Amended Consent Decree, and under the Decree's terms, the 
Work Party has voluntarily subjected itself to the jurisdiction of this 
Court and agreed to be bound by the terms of the Amended Consent 
Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Amendzed Consent Decree. Comments should be addressed to the 
Assistant Attorney Genera, Environmental and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, and should refer to United States v. Tecumseh Products 
Company, DOJ Ref. 90-11-2-06440.
    The proposed Amended Consent Decree may be examined at the office 
of the United States Attornety for the Eastern District of Wisconsin, 
530 Federal Building, 517 East Wisconsin Avenue, Milwaukee 53202, and 
at U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. 
During the public comment period, the proposed Amended 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 Librar, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, or by faxing a 
request to Tonia Fleetwood, fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $24.50 (25 cents 
per page reproduction costs) (Amended Consent Decree only) or $75.25 
(Amended Consent Decree and all appendices), payable to the U.S. 
Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-22738 Filed 11-15-05; 8:45 am]
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