[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Page 46842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19589]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on July 28, 2011, a 
proposed consent decree with defendant Wilko Paint, Inc., was lodged in 
the civil action entitled United States v. Wilko Paint, Inc., No. 11-
cv-01205-EFM-GLR, in the United States District Court for the District 
of Kansas.
    In this action the United States is seeking to recover costs under 
the Comprehensive Environmental Response, Compensation and Liability 
Act (``CERCLA''), which were incurred in response to releases of 
hazardous substances at the 57th and North Broadway Superfund Site 
(``the Site''), in Wichita, Kansas. The proposed consent decree will 
resolve the United States' claim against the defendant under Section 
107 of CERCLA, 42 U.S.C. 9607, for the Site. Under the terms of the 
proposed consent decree, defendant Wilko Paint will make a cash payment 
of $350,000 to the United States, which is based on Wilko's ability to 
pay a financial judgment against it, and will give the United States a 
share of any future insurance recovery related to the claim. In return, 
the United States will grant the defendant a covenant not to sue under 
CERCLA with respect to the Site. For thirty (30) days after the date of 
this publication, the Department of Justice will receive comments 
relating to the proposed consent decree. Comments may be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, or submitted by email to [email protected], and 
should refer to the proposed consent decree in United States v. Wilko 
Paint, Inc. (D. Kan.), D.J. Ref. 90-11-3-1737/2.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 1200 Epic Center, 301 N. Main Street, Wichita, 
Kansas 67212. During the public comment period, the Consent Decree may 
be examined on the Justice Department's Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
consent decree may be obtained by mailing a request to the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611. When requesting a copy by mail, please enclose a check 
payable to the U.S. Treasury in the amount of $6.50 (25 cents per page 
reproduction cost). A copy may also be obtained by e-mailing or faxing 
a request to Tonia Fleetwood, [email protected], fax number 
(202) 514-0097, phone confirmation number (202) 514-1547, and mailing a 
check to the Consent Decree Library at the stated address.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-19589 Filed 8-2-11; 8:45 am]
BILLING CODE 4410-15-P