[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Page 53447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21383]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On September 3, 2014, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of Indiana in the lawsuit entitled United States and the State
of Indiana v. Atlantic Richfield Company and E. I. du Pont de Nemours
and Company, Civil Action No. 2:14-cv-312.
In the Complaint, the United States and the State of Indiana allege
that Atlantic Richfield Company (``ARC'') and E. I. du Pont de Nemours
and Company (``DuPont'') are liable under the Comprehensive
Environmental Response, Compensation, and Liability Act for lead and
arsenic contamination in the soils and subsurface soils of Zones 1 and
3 of Operable Unit 1 of the U.S. Smelter and Lead Refinery, Inc.
Superfund Site (``Site'') in East Chicago, Indiana.
Under the consent decree, ARC and DuPont will, inter alia: (i) Pay
all of the United States' and Indiana's costs to clean up Zones 1 and 3
(``Z1&3'') of Operable Unit 1 of the Site; (ii) properly transport and
dispose of the wastes that are generated during the clean-up of Z1&3;
and (iii) pay EPA for projected response costs, plus a premium, at
certain ``excluded'' properties within Z1&3, unless ARC and DuPont are
entitled to, and do, opt out of this payment in exchange for not
securing a covenant not to sue and not receiving contribution
protection on these ``excluded'' properties.
The publication of this notice opens a period of public comment on
the consent decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States, et al. v. Atlantic Richfield
Company, et al., D.J. Ref. No. 90-11-3-10884/1. 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............................. Acting Assistant Attorney General
U.S. DOJ--ENRD
P.O. Box 7611
Washington, DC 20044-7611
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During the public comment period, the consent decree may be
examined and downloaded at this Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 in the amount of $75.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy of the body of the Consent Decree without the exhibits, the cost
is $15.50.
Randall M. Stone,
Acting Assistant Section Chief Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2014-21383 Filed 9-8-14; 8:45 am]
BILLING CODE 4410-15-P