[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Page 586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA'')
Notice is hereby given that on December 22, 2010 a proposed consent
decree (``proposed Decree'') in United States v. Alcoa, Inc., et al.,
C.A. No. 3:10-cv-532, was lodged with the United States District Court
for the Northern District of Indiana.
In this action under Sections 106(a) and 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9606(a) & 9607(a) (``CERCLA''), the United States and the
State of Indiana seek to enjoin the Defendants to perform a remedial
action to address an imminent and substantial endangerment to the
public health, public welfare and the environment caused by actual or
threatened releases of hazardous substances from the Cam-Or National
Priorities List Site (``the Cam-Or Site'') located in Westville,
LaPorte County, Indiana, and to recover response costs that the United
States and Indiana have incurred and will incur in the future at the
Cam-Or Site. The proposed Decree requires the Settling Work Parties
(Alcoa, Inc., ANR Pipeline Company, C. Stoddard & Sons, Inc., Clean
Harbors Environmental Services, Inc., Consolidated Rail Corporation,
CSX Transportation, Inc., Ford Motor Company, Imperial Oil Limited,
Ingersoll-Rand Company, Northern Indiana Public Service Company,
Rockwell Automation, Tennessee Gas Pipeline Company, and United States
Steel Corporation) to construct and operate a soil containment system,
to design, install, operate and maintain a groundwater pump and treat
system, to design, install, operate, and maintain a light non-aqueous
phase liquid remediation system, to install and operate a monitoring
system for the remedial action, and to develop and implement a plan for
institutional controls at the Site.
Additionally, under the Consent Decree the Settling Work Parties
have agreed to pre-pay $2.2 million into a Site special account to be
used for future oversight costs of the United States Environmental
Protection Agency (``U.S. EPA''), and if and when such fund, plus
interest, is depleted, to pay 50% of any additional U.S. EPA oversight
costs. Further, under the Decree the Settling Work Parties have agreed
to pay all of U.S. EPA's other future response costs; to pay all of the
Indiana Department of Environmental Management's future oversight costs
and other future response costs; and to pay $200,000 toward
approximately $3.4 million in pre-entry unreimbursed response costs
incurred by the United States. The Decree would provide covenants not
to sue to the Settling Work Parties and, if they choose to sign the
Consent Decree, to numerous other potentially responsible parties who
have previously settled with one or more of the Settling Work Parties
(listed in Appendix E to the Decree) and who received indemnification
from such parties.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Decree. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and either emailed
to [email protected] or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. Alcoa, Inc., et al., D.J. Ref. 90-11-3-609/1.
The proposed Decree may be examined at the Office of the United
States Attorney for the Northern District of Indiana, South Bend
Division, 204 South Main Street, South Bend, Indiana 46601-2122, or the
United States Environmental Protection Agency (Region 5) Records
Center, Room 714, 77 West Jackson Boulevard, Chicago, Illinois 60604.
During the public comment period, the proposed Decree may also be
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent Decrees.html. A copy of the proposed Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $41.50 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-33327 Filed 1-4-11; 8:45 am]
BILLING CODE 4410-15-P