Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Notices]
[Page 19551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9967]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability 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. City of Albion, MI, et al., Civil No. 1:97-CF-1037 
(W.D. Mich.), was lodged with the United States District Court for the 
Western District of Michigan on March 22, 1999, pertaining to the 
Albion Sheridan Township Landfill Superfund Site (the ``Site''), 
Calhoun County, Michigan. The proposed consent decree would resolve the 
United States' civil claims against the City of Albion, Michigan (the 
``City'') and three third-party defendants named in this action.
    Under the proposed consent decree, Cooper Industries, Inc. 
(``Cooper'') and Corning Incorporated (``Corning'') (collectively, the 
``Settling RA Defendants'') would be obligated to finance and perform 
the remedial action at the Site as specified in EPA's Record of 
Decision, at an estimated cost of $2.6 million. The City and Decker 
Manufacturing Co. (``Decker'') (collectively, the ``Settling O&M 
Defendants'') would be obligated to finance and perform the operation 
and maintenance of the remedial action at the Site as specified in the 
Record of Decision, at an estimated cost of $0.538 million. The 
Settling O&M Defendants would be required to reimburse EPA's future 
response costs at the Site in the amount of $200,000. In addition, the 
City would be required to reimburse the Superfund $400,000, and Decker 
would be required to reimburse the Superfund $250,000, in separate 
obligations, toward the United States' past costs at the Site.
    The Site is an inactive municipal landfill located approximately 
one mile east of the City of Albion in Sheridan Township, Calhoun 
County, Michigan. The Site, which covers approximately 18 acres, was 
widely used for both municipal and industrial waste disposal from 
approximately 1966 to 1981. In the early 1970s, the landfill accepted 
metal plating sludges, including insoluble hydroxides and carbonates. 
Other materials, such as paint wastes and thinners, oil and grease, 
dust, sand and dirt containing flyash and casting sand, also have been 
disposed of at the Site. Site activities resulted in contamination of 
soil and groundwater with hazardous substances. The Site will be 
remediated under the proposed consent decree. The remedial action to be 
implemented by the Settling RA Defendants consists of the following 
actions: (1) Removal and off-Site treatment of surface wastes; (2) 
construction of a landfill cap; (3) installation of passive gas 
collection system; (4) installation of groundwater monitoring wells; 
(5) institutional controls, including Site Security, on- and off-Site; 
and (6) construction of stormwater/infiltration retention basins. The 
operation and maintenance to be implemented by the Settling O&M 
Defendants consists of the following actions: (1) Operation and 
maintenance of the cap and other remedy components installed; (2) long-
term (30 years) monitoring of groundwater; (3) institutional controls 
on certain adjacent parcels of land; and (4) maintenance of Site 
security.
    Under the proposed consent decree, the United States agrees to move 
the Court for leave to withdraw the consent decree between the United 
States and Decker lodged with the Court on May 27, 1998. 63 FR 29752 
(June 1, 1998). Also, under the proposed consent decree, the U.S. 
Environmental Protection Agency agrees to withdraw a unilateral 
administrative order issued to the City, Decker, Cooper and Corning on 
October 11, 1995, within fourteen days after entry of the proposed 
consent decree by the Court.
    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. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resource Division, United 
States Department of Justice, Washington, DC 20530, and should refer to 
United States v. City of Albion, Michigan, et al., Civil No. 1:97-CV-
1037 (W.D. Mich.), and DOJ Reference No. 90-11-2-1109. Commenters may 
request an opportunity for a public meeting in the affected area, in 
accordance with Section 7003(d) of RCRA, 42 U.S.C. Sec. 6973(d).
    The proposed consent decree may be examined at: (1) The Office of 
the United States Attorney for the Western District of Michigan, The 
Law Building, 330 Ionio Avenue, NW, 5th Floor, Grand Rapids, Michigan 
49503, (616-456-2404); (2) the United States Environmental Protection 
Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590 (contact Connie Puchalski (312-886-6719)); and (3) the U.S. 
Department of Justice, Environment and Natural Resources Division 
Consent Decree Library, 1120 G Street, NW., 3rd Floor, Washington, DC 
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, NW., 3rd Floor, Washington, DC 20005. In requesting a copy, 
please refer to the referenced case and DOJ Reference Number and 
enclose a check in the amount of $22.50 for the consent decree only (90 
pages at 25 cents per page reproduction costs), or $408.50 for the 
consent decree and all appendices (1,634 pages), made payable to the 
Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-9967 Filed 4-20-99; 8:45 am]
BILLING CODE 4410-15-M