[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78854-78855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27018]


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DEPARTMENT OF JUSTICE


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

    On November 1, 2016, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Central 
District of California in the lawsuit entitled United States v. 
JPMorgan Chase Bank, N.A., et al., Civil Action No. 16-cv-08127.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
United States' complaint names JPMorgan Chase Bank, N.A., WMI 
Liquidating Trust, and WMI Rainier LLC. The complaint requests recovery 
of costs that the United States incurred responding to releases and 
threatened releases of hazardous substances at the BKK Sanitary 
Landfill Site in West Covina, California. All three defendants signed 
the consent decree. JPMorgan Chase Bank N.A. agrees to pay $1 million 
of the United States' response costs on behalf of all three defendants. 
In return, the United States agrees not to sue the defendants under 
sections 106 and 107(a) of CERCLA or under section 7003 of the Resource 
Conservation and Recovery Act. The consent decree provides that the 
United States' agreement not to sue the defendants is also conditioned 
on JPMorgan Chase Bank N.A.'s payment of $85 million to be directed 
toward cleanup of the Site under a separate pending consent decree it 
signed with the California Department of Toxic Substances Control in a 
separate case relating to the BKK Sanitary Landfill Site, California 
Department of Toxic Substances Control and the California Toxic 
Substances Control Account v. American Honda Motor Co., Inc., et al., 
Civil Action No. 05-cv-07746.
    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. JPMorgan Chase Bank, N.A., et al., 
D.J. Ref. No. 90-11-3-10782. 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, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: 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 $9.25 (25 cents per page

[[Page 78855]]

reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-27018 Filed 11-8-16; 8:45 am]
BILLING CODE 4410-15-P