[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Page 41876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16520]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On July 23, 2021, the United States lodged a proposed consent
decree with the United States District Court for the Northern District
of Illinois in the lawsuit entitled United States v. Chains and Links,
Inc. et al., Case No. 3:18-cv-50268 (N.D. Ill.). The proposed consent
decree, if approved by the Court after public comment, will fully
resolve claims of the United States Environmental Protection Agency
(``EPA'') against the two remaining defendants named in the complaint,
which seeks to recover response costs incurred by EPA in cleaning up a
portion of the Bautsch Gray Mine Superfund site (``Site'') near Galena,
Illinois. Under a prior consent decree, which was approved by the Court
in May, EPA will recover $1.292 million in response costs over an 18-
month period. Under the proposed consent decree, the settling
defendants--West Galena Development, Inc. (``WGD'') and the Estate of
Lois Jean Wienen (``Estate'')--will reimburse the United States for
$1.25 million in response costs, bringing our total recovery in this
action to $2.542 million.
The United States brought this action in 2016 asserting claims
under Sections 106, 107, and 113(g)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9606, 9607(a), and 9613(g)(2). To resolves these claims, WGD
and the Estate will not only reimburse the United States for response
costs, but also undertake limited activities with respect to a portion
of the Site that is jointly owned by WGD and one of the prior settling
defendants. WGD and the Estate, for instance, must provide EPA and its
contractors with access to the property and must cooperate with the
prior-settling defendants in executing an environmental covenant that
will give EPA enforcement rights relating to the property. If the
property is sold in the future at a price that reflects the value of
the property after it has been cleaned up in accordance with the EPA-
selected remedy for the Site, EPA will receive 75% of the net proceeds
from the sale. Finally, the proposed consent decree resolves a
counterclaim asserted by WGD for breach of contract and relief under
the Administrative Procedures Act.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Chains and Links, Inc. et al.,
D.J. Ref. No. 90-11-3-10235. All comments must be submitted no later
than thirty (30) days after the publication date of this revised
notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email.................................. [email protected].
By mail................................... Acting Assistant Attorney
General, U.S. DOJ--ENRD,
P.O. Box 7611, Washington,
DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed consent decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will also provide a paper copy
of the proposed 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 $17.25 (69 pages at 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 $8.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-16520 Filed 8-2-21; 8:45 am]
BILLING CODE 4410-15-P