[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23624-23625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10069]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on April 12, 2011, a proposed Consent 
Decree was lodged with the United States District Court for the Eastern 
District of Wisconsin in United States v. Waste Management of 
Wisconsin, Inc., et al., Civil Action No. 2:11-cv-00346-WEC.
    In this action, the United States asserted claims against thirty-
eight parties for recovery of response costs incurred by the United 
States in connection with the Muskego Sanitary Landfill Superfund Site 
(the ``Site'') in Muskego, Wisconsin, pursuant to Sections 106 and 107 
of the Comprehensive Environmental Response, Compensation and Liability 
Act (``CERCLA''), 42 U.S.C. 9606 and

[[Page 23625]]

9607. The proposed Consent Decree would resolve claims that the United 
States has asserted against all defendants.
    Under the proposed Consent Decree, a group of four ``Performing 
Settling Defendants'' will implement remedial measures at the Site 
consistent with an Explanation of Significant Differences issued by the 
United States Environmental Protection Agency (``U.S. EPA'') on 
September 13, 2010. These remedial measures will include: (1) 
Evaluation of potential measures to optimize performance of the 
previously-implemented source control remedy at the Site and 
implementation of any appropriate source control remedy enhancements; 
(2) development and implementation of an Institutional Control 
Implementation and Assurance Plan; and (3) completing a three-year 
evaluation of the effectiveness of monitored natural attenuation as a 
means of achieving groundwater cleanup standards at the Site. Following 
completion of the monitored natural attenuation study, if U.S. EPA 
determines that monitored natural attenuation is not appropriate for 
this Site, Performing Settling Defendants will evaluate alternative 
groundwater remedies and implement an alternative groundwater remedy 
selected by EPA. Under the proposed decree, Performing Settling 
Defendants will also pay $985,000 to the Hazardous Substances Superfund 
to reimburse response costs incurred by the United States through 
January 31, 2010 in connection with the Site, and they will reimburse 
all response costs incurred by the United States after January 31, 2010 
in connection with the Site.
    The remaining 34 defendants, ``De Minimis Settling Defendants,'' 
will resolve their potential liability with respect to the Site in 
accordance with Section 122(g) of CERCLA, 42 U.S.C. 9622(g), through 
specified payments that will be used by Performing Settling Defendants 
to pay for costs incurred pursuant to the Consent Decree.
    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. Waste Management of Wisconsin, Inc., et al., DJ 
 90-11-3-09747.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Wisconsin, 530 Federal Building, 
517 East Wisconsin Avenue, Milwaukee, WI 53202 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 $82.00 (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 Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 2011-10069 Filed 4-26-11; 8:45 am]
BILLING CODE 4410-15-P