[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20371-20372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8709]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 31, 2011, a proposed Amendment 
to Consent Decree was lodged with the United States District Court for 
the Northern District of Illinois in United States v. City of Waukegan, 
et al., Civil Action No. 04C 5172.
    Under a consent decree previously entered by the district court in 
this action under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9606 and 9607, the former General Motors 
Corporation, now known as Motors Liquidation Company (``GM''), was one 
of two Performing Settling Defendants responsible for implementing a 
remedial action to address releases and threatened releases of 
hazardous substances at and from the Waukegan Manufactured Gas and Coke 
Plant Site (the ``Site'') in Waukegan, Illinois. Pursuant to financial 
assurance requirements of the consent decree, GM obtained a performance 
bond from Westchester Fire Insurance Company (``Westchester''). After 
filing for bankruptcy in 2009, GM stopped participating in 
implementation of the remedial action at the Site.
    Under the proposed Amendment to Consent Decree, Westchester will 
become a party to the consent decree and become responsible for 
financing implementation of the remedial action at the Site, up to a 
$10.5 million limit that corresponds to the outstanding amount of the 
original performance bond issued by Westchester. Westchester's 
obligations will include: (1) Reimbursing 50 percent of the response 
costs incurred by North Shore Gas Company (the other Performing 
Settling Defendant) between June 1, 2009, when GM stopped participating 
in implementation of the consent decree, and the effective date of the 
Amendment to Consent Decree; (2) monthly reimbursement of 50 percent of 
the ongoing remedial costs incurred by North Shore Gas Company after 
the effective date of the Amendment to Consent Decree; (3) acceleration 
of remaining payments (up to the $10.5 million limit on total 
Westchester payments) in accordance with instructions to be provided by 
EPA, in the event that EPA takes over implementation of any Work, 
pursuant to provisions of the previously entered consent decree. In 
addition, to guarantee

[[Page 20372]]

performance of its obligations under the proposed Amendment to Consent 
Decree, Westchester will establish a trust for the benefit of EPA, and 
maintain a trust balance that is equal to its outstanding liability 
relating to the Site.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the 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, DC 20044-7611, and should refer 
to United States v. City of Waukegan, et. al., DJ  90-11-3-
07051.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northern District of Illinois, 219 South Dearborn St., 
Chicago, Illinois 60604, and at U.S. EPA Region 5, 77 W. Jackson Blvd., 
Chicago, IL 60604. 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/Consent_Decrees.html. A copy of the Consent 
Decrees may also be obtained by mail from the Consent Decree Library, 
U.S. Department of Justice, P.O. Box 7611, 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 of the Consent 
Decree from the Consent Decree Library, please enclose a check in the 
amount of $8.50 (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.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division, United States Department of Justice.
[FR Doc. 2011-8709 Filed 4-11-11; 8:45 am]
BILLING CODE 4410-15-P