[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)] [Notices] [Pages 57311-57312] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-28732] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree and Motions To Modify Prior Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act In accordance with 28 CFR 50.7 and Section 122 of the Comprehensive Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, the Department of Justice gives notice that a proposed consent decree in United States v. Akzo Nobel Coatings, et al., civil No. 95-CV-71470 (E.D. Mich.), was lodged with the United States District Court for the Eastern District of Michigan on September 25, 1998, pertaining to the Metamora Landfill Superfund Site (``Site''), located in Metamora Township, Michigan. The proposed consent decree would resolve the United States' civil claims against two of the five defendants remaining in that CERCLA cost recovery action. Under the proposed consent decree, Akzo Nobel Coatings, Inc. will pay $4,111,999, and The Dow Chemical Company will pay $3,000,000 in partial reimbursement of the costs incurred by the United States in connection with the Site. As part of the settlement, the United States will covenant not to sue the two settling defendants under Section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, as well as CERCLA Sections 106 and 107, 42 U.S.C. 9606 and 9607. The United States also has lodged with the United States District Court for the Eastern District of Michigan motions to modify several other consent decrees that have been lodged and/or entered pertaining to the Site. The purpose of the amendments is to add a covenant not to sue under RCRA Section 7003, 42 U.S.C. 6973. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree and to the aforementioned proposed modifications to the previously entered/lodged consent decrees. In accordance with RCRA Section 7003(d), 42 U.S.C. 6973(d), commentors also may request an opportunity for a public meeting in the affected area to discuss the proposed covenants not to sue under RCRA Section 7003, 42 U.S.C. 6973. All comments, and/or requests for a public meeting under RCRA Section 7003(d), should be addressed to the Assistant Attorney General, Environment and Natural Resource Division, United States Department of Justice, Washington, D.C. 20530. Comments pertaining to only the proposed consent decree involving Akzo Nobel Coatings and The Dow Chemical Company should refer to United States v. Akzo Nobel Coatings, et al., Civil No. 95-CV-71470 (E.D. Mich.) and DOJ Reference No. 90-11-3-289A. Comments and/or requests for a public meeting regarding only the [[Page 57312]] proposed covenants not to sue under RCRA Section 7003 should refer to: 1. U.S. v. CertainTeed Corporation d/b/a Wolverine Technologies, Inc., et al. (E.D. Mich., Civ. No. 98-71586) (90-11-3-289J); 2. U.S. v. Arkwright, Inc. (E.D. Mich., Civ. No. 96-75795) (90-11- 3-289E); 3. U.S. v. Kux Manufacturing, et al. (E.D. Mich., Civ. No. 96- 72189) (DOJ Reference No. 90-11-3-289L); 4. U.S. v. Champion Enterprises, Inc. (E.D. Mich., Civ. No. 98- 71283) (DOJ Reference No. 90-11-3-289K); 5. U.S. v. Imlay City, et al. (E.D. Mich., Civ. No. 98-70520) (DOJ Reference No. 90-11-3-289M); 6. U.S v. Standard Detroit Paint Company (E.D. Mich., Civ. 98- 73268) (DOJ Reference No. 90-11-3-289H); and 7. United States v. Akzo Nobel Coatings, et al., (E.D. Mich., Civ. No. 95-71470) (DOJ Reference No. 90-11-3-289A). The proposed consent decree may be examined at: (1) the Office of the United States Attorney for the Southern District of Ohio, Federal Building, Room 602, 200 W. Second St., Dayton, Ohio 45400 (937-225- 2910); (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact Peter Felitti (312-886-5514)); and (3) the U.S. Department of Justice, Environment and Natural Resources Division Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005 (202-624-0892). A copy of the proposed consent decree may be obtained in person or by mail from the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy, please refer to the referenced case and DOJ Reference Number and enclose a check in the amount of $5.25 for the consent decree only (21 pages at 25 cents per page reproduction costs), or $6.00 for the consent decree and its appendices (3 pages), made payable to the Consent Decree Library. Requests for copies of the proposed stipulated motions should be directed to the United States Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact Peter Felitti (312-886-5514)), or the United States Department of Justice Environmental Enforcement Section, P.O. Box 7611, Washington, D.C. 20044 (contact Imogene Solomon (202-514-2487) or Jennifer Hales (202-514-4150). Joel M. Gross, Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 98-28732 Filed 10-26-98; 8:45 am] BILLING CODE 4410-15-M