[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Page 32865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2932]



[[Page 32865]]

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

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on June 1, 2007, a proposed consent 
decree was lodged with the United States District Court for the 
Northern District of Iowa in United States v. MidAmerian Energy Company 
and the City of LeMars, Iowa, Civil Action No. 07-4045. The proposed 
consent decree would resolve civil claims alleged in a complaint filed 
simultaneously with the degree, asserting liability against MidAmerican 
Energy Company (MidAmerican) and city of LeMars under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA).
    The United States' complaint, brought pursuant to CERCLA Section 
107, 42 U.S.C. 9607, seeks recovery of response costs incurred or to be 
incurred by the United States for certain response actions taken at or 
in connection with the release or threatened release of hazardous 
substances at the LeMars Coal Gas Superfund Site in LeMars, Plymouth 
County, Iowa. The proposed consent decree would resolve those claims 
against MidAmerican and the City of Le Mars.
    Under the proposed consent decree MidAmerican will pay $3.1 million 
and the City of LeMars will pay $1.5 million to the United States. The 
consent decree incorporates an administrative order that the City of 
LeMars agreed to enter into to assist EPA's response actions by 
performing work and providing institutional controls at the Site. In 
exchange for the payment of response costs and the performance of work 
the decree would provide MidAmerican and the City of LeMars with 
respective covenant not to sue, and the defendants would grant a 
covenant not to sue to the United States.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environmental and Natural Resources Division, P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044, and should 
refer to United States v. MidAmerican Energy Company and the City of 
LeMars, Iowa, D.J. Ref. No. 90-11-2-08214. (Public comments may be 
submitted by e-mail to the following e-mail address: [email protected].)
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 401 First Street, SE., Suite 400, Cedar Rapids, 
IA 52401-1825, and U.S. EPA Region, 7901 North 5th Street, Kansas City, 
Kansas 66101. During the public comment period, the consent decree also 
may be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the consent decree 
also may be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044, or by e-mailing 
or faxing 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 provide a 
check in the amount of $42 (25 cents per page reproduction cost) 
payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, 
Environmental and Natural Resoures Division.
[FR Doc. 07-2932 Filed 6-13-07; 8:45 am]
BILLING CODE 4410-15-M