[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59552-59553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20835]


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DEPARTMENT OF JUSTICE


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

    On September 15, 2020 the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Iowa in the lawsuit entitled United States v. Dico, Inc. 
and Titan Tire Corporation, Civil Action No. 4:10-cv-00503-RP-RAW.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''). 
The United States' complaint sought civil penalties and punitive 
damages against Dico, Inc. for violations of an EPA order at the Des 
Moines TCE Superfund Site and the recovery of the United States' past 
and future response costs at the Southern Iowa Mechanical (``SIM'') 
Site against Dico, Inc. and Titan Tire Corporation jointly and 
severally. The United States obtained judgments against Dico, Inc. for 
$1.62 million in civil penalties and $5.45 million in punitive damages, 
and against Dico, Inc. and Titan Tire Corporation jointly and severally 
for past response costs of $5.45 million and all future response costs 
at the SIM Site. The Consent Decree requires the Defendants and their 
ultimate parent company, Titan Tire International, Inc., jointly and 
severally, to pay $11.5 million to satisfy these judgments and a 
separate judgment obtained by the United States on March 29, 2000 in 
Case No. 4-95-cv-10289 (S.D. Iowa) against Dico, Inc. for $4.12 million 
in past response costs at the Des Moines TCE Site. The Consent Decree 
also requires Dico, Inc. to donate or convey the Dico Property to the 
City of Des Moines (the ``City'') for no more than $10.00. Under the 
Consent Decree, the City will undertake certain response actions at the 
Dico Property, including ongoing

[[Page 59553]]

operation and maintenance of the groundwater treatment remedy. EPA will 
also undertake certain response actions at the Site under the Consent 
Decree, including demolition of the remaining contaminated buildings, a 
removal action at the South Pond, and an upgrade to the groundwater 
treatment system. In exchange for these commitments, the United States 
agrees not to sue the Defendants, Titan International, Inc., and the 
City under CERCLA Sections 106 and 107.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Dico, Inc. and Titan Tire Corporation, 
D.J. Ref. No. 90-11-3-09925. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $34.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the appendices and signature pages, the cost is $9.50.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-20835 Filed 9-21-20; 8:45 am]
BILLING CODE 4410-15-P