[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20371-20372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8709]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on March 31, 2011, a proposed Amendment
to Consent Decree was lodged with the United States District Court for
the Northern District of Illinois in United States v. City of Waukegan,
et al., Civil Action No. 04C 5172.
Under a consent decree previously entered by the district court in
this action under Sections 106 and 107 of the Comprehensive
Environmental Response, Compensation and Liability Act, as amended
(``CERCLA''), 42 U.S.C. 9606 and 9607, the former General Motors
Corporation, now known as Motors Liquidation Company (``GM''), was one
of two Performing Settling Defendants responsible for implementing a
remedial action to address releases and threatened releases of
hazardous substances at and from the Waukegan Manufactured Gas and Coke
Plant Site (the ``Site'') in Waukegan, Illinois. Pursuant to financial
assurance requirements of the consent decree, GM obtained a performance
bond from Westchester Fire Insurance Company (``Westchester''). After
filing for bankruptcy in 2009, GM stopped participating in
implementation of the remedial action at the Site.
Under the proposed Amendment to Consent Decree, Westchester will
become a party to the consent decree and become responsible for
financing implementation of the remedial action at the Site, up to a
$10.5 million limit that corresponds to the outstanding amount of the
original performance bond issued by Westchester. Westchester's
obligations will include: (1) Reimbursing 50 percent of the response
costs incurred by North Shore Gas Company (the other Performing
Settling Defendant) between June 1, 2009, when GM stopped participating
in implementation of the consent decree, and the effective date of the
Amendment to Consent Decree; (2) monthly reimbursement of 50 percent of
the ongoing remedial costs incurred by North Shore Gas Company after
the effective date of the Amendment to Consent Decree; (3) acceleration
of remaining payments (up to the $10.5 million limit on total
Westchester payments) in accordance with instructions to be provided by
EPA, in the event that EPA takes over implementation of any Work,
pursuant to provisions of the previously entered consent decree. In
addition, to guarantee
[[Page 20372]]
performance of its obligations under the proposed Amendment to Consent
Decree, Westchester will establish a trust for the benefit of EPA, and
maintain a trust balance that is equal to its outstanding liability
relating to the Site.
The Department of Justice will receive comments relating to the
Consent Decree for a period of thirty (30) days from the date of this
publication. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and either e-
mailed 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. City of Waukegan, et. al., DJ 90-11-3-
07051.
The Consent Decree may be examined at the Office of the United
States Attorney, Northern District of Illinois, 219 South Dearborn St.,
Chicago, Illinois 60604, and at U.S. EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604. During the public comment period, the Consent 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 Consent
Decrees may also be obtained by mail from the Consent Decree Library,
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611 or
by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax number (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy of the Consent
Decree from the Consent Decree Library, please enclose a check in the
amount of $8.50 (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 M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division, United States Department of Justice.
[FR Doc. 2011-8709 Filed 4-11-11; 8:45 am]
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