[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Notices]
[Page 53795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4646]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Cercla

    Notice is hereby given that on September 7, 2007, a proposed 
Consent Decree in United States v. Bayer Healthcare LLC et al., Civil 
Action No. 2:07CV304 (TS), was lodged with the United States District 
Court for the Northern District of Indiana.
    The proposed Consent Decree resolves the United States' claims for 
performance of response actions and recovery of response costs under 
sections 106 and 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9606(a) and 9607, against 31 
parties that owned, operated or arranged for disposal of hazardous 
waste at the Himco Dump Superfund Site in Elkhart, Indiana. The Consent 
Decree requires Bayer Healthcare LLC, a legal successor to an entity 
that owned part of the Site and generated waste disposed of at the site 
and Himco Waste Away, Inc., which operated a landfill at the Site, to 
implement a remedial action selected by the U.S. Environmental 
Protection Agency, at an estimated cost of some $9,156,000. These 
entities, together with 29 former customers of the landfill, will also 
pay some $3,875,000 in past costs incurred by EPA in connection with 
the Site. The proposed Decree also provides for reimbursement of past 
costs incurred by the State of Indiana, which will be a co-plaintiff in 
the case.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and 
should refer to United States v. Bayer Healthcare LLC et al., D.J. 
Reference No. 90-112-865/1.
    The proposed Consent Decree may be examined at the Offices of the 
United States Attorney, 5400 Federal Plaza, Suite 1500, Hammond, IN 
46320, and at U.S. EPA Region V, 77 West Jackson Boulevard, Chicago, IL 
60604. During the public comment period, the proposed Consent Decree 
may also be examined on the following Department of Justice Web site: 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
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 number (202) 514-0097, phone 
confirmation number (202) 514-1547. When requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $51.75 
for the Consent Decree (25 cents per page reproduction cost), payable 
to the U.S. Treasury or, if by e-mail or fax, forward a check in that 
amount to the Consent Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-4646 Filed 9-19-07; 8:45 am]
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