[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11247-11248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05140]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On February 27, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of Ohio in the lawsuit entitled United States v. Bridgestone
Americas Tire Operations et al., Case No. 3:18-cv-00054 (S.D. Ohio).
The proposed consent decree resolves claims of the United States
Environmental Protection Agency (``EPA'') against seven defendants--
Bridgestone Americas Tire Operations, LLC; Cargill, Inc.; Flowserve
Corporation; Kelsey-Hayes Company; NCR Corporation; Northrop Grumman
Systems Corporation, and Waste Management of Ohio (collectively
``Defendants)--for response costs and injunctive relief with respect to
the North Sanitary (aka ``Valleycrest'') Landfill Superfund Site in
Dayton, Ohio (``Site''). A complaint, which was filed simultaneously
with the proposed consent decree, alleges that the Defendants are
liable under Sections 106, 107(a), 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). Under the proposed consent
decree, the defendants will perform the remedy selected by EPA to
address contamination at the Site by, among other things, designing and
constructing a landfill ``cap'' that will cover approximately 70 acres
of the Site. Other significant remedial actions will include the design
and construction of a system to address landfill gas, as well as a
system to prevent leachate from contaminating groundwater.
Additionally, the Defendants will reimburse EPA for its future response
costs, but they will not reimburse EPA for its future oversight costs
unless and until such costs, together with past response costs and
interim costs incurred before entry of the consent decree, exceed $8.37
million. The proposed consent decree will provide
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covenants not to sue to the Defendants, as well as to numerous other
potentially responsible parties (``Other Settling Parties'') who have
previously entered into settlement agreements with one or more of the
Defendants and, in most instances, received indemnifications from them,
provided that such Other Settling Parties (listed in Appendix E of the
consent decree) submit signature pages agreeing to be bound by the
consent decree and, if they own property likely affected by the
remedial action, cooperate in the implementation of the consent decree.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer United States v. Bridgestone Americas Tire Operations
et al., Case No. 3:18-cv-00054 (S.D. Ohio), D.J. Ref. No. 90-11-3-
11076. 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 proposed consent decree may
be examined and downloaded at this Justice Department website: https://www.usdoj.gov/enrd/consent-decrees.html. 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 $84.50 (338 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 $20.75.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2018-05140 Filed 3-13-18; 8:45 am]
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