Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 56792 [07-4901]
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56792
Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices
Region 1 (New England Region), One
Congress Street, Boston, Massachusetts
02114. During the public comment
period, the proposed consent decree
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
proposed consent 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
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. If requesting a
copy of the proposed consent decree,
please so note and enclose a check in
the amount of $27.50 (25 cent per page
reproduction cost) payable to the U.S.
Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–4903 Filed 10–3–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
pwalker on PROD1PC71 with NOTICES
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
Environmental Response, Compensation
and Liability Act (‘‘CERCLA’’), 42 U.S.C.
9622, the Department of Justice gives
notice that a proposed Second
Amendment to the Consent Decree, in
United States v. The Upjohn Co. et al.,
v. ABF Freight System, Inc., et al., Civil
No. 1:92–CV–659 (W.D. Mich.), was
lodged with the United States District
Court for the Western District of
Michigan on September 21, 2007,
pertaining to the West KL Avenue
Landfill Superfund Site (the ‘‘Site’’),
located on West KL Avenue, Oshtemo
Township, Kalamazoo County,
Michigan. The proposed Second
Amendment to the Consent Decree
amends a Consent Decree entered by the
Court in 1992, and a First Amendment
to that Consent Decree entered by the
Court in 2005, that resolved the United
States’ civil claims under sections 106
and 107 of CERCLA, 42 U.S.C. 9606 and
9607, against Pharmacia Corp.,
successor to The Upjohn Company;
Kalamazoo County; Charter Township
of Oshtemo; the City of Kalamazoo
(collectively, the ‘‘Performing Settling
Defendants’’); and 219 additional ThirdParty Defendant generators at the Site
VerDate Aug<31>2005
16:20 Oct 03, 2007
Jkt 214001
(all defendants, collectively, the
‘‘Settling Defendants’’).
Under the proposed Second
Amendment to the Consent Decree, the
Performing Settling Defendants are
obligated to implement a Record of
Decision (‘‘ROD’’) Second Amendment
issued by the U.S. Environmental
Protection Agency (‘‘EPA’’) on
September 12, 2005 (‘‘2005 ROD
Amendment’’). The 2005 ROD
Amendment: (1) Revises the boundary
of the municipal water service to
residences, moving the boundary further
downgradient to include additional
properties that have had Site-related
contaminants detected in their drinking
water wells; (2) replaces the active
pump and treat remedy for the
contaminated groundwater plume
selected by the initial 1990 ROD with
Monitored Natural Attenuation
(‘‘MNA’’) and contingent remedies; and
(3) replaces the 1990 ROD cap design
(which included a 2-feet thick clay
capping layer) with a geosynthetic clay
layer, a 40 mil geomembrane liner, a
geocomposite drainage layer, an 18-inch
layer of clean fill, and a vegetated 6-inch
layer of topsoil.
Under the proposed Second
Amendment to Consent Decree, Plaintiff
and the Performing Settling Defendants
agree to modify the terms of the Consent
Decree, as provided by Paragraph 85 of
the Consent Decree, to require the
Performing Settling Defendants to
implement the provisions of the 2005
ROD Amendment. The Settling
Defendants other than the Performing
Settling Defendants are not signatories
to the proposed Second Amendment to
the Consent Decree. The Second
Amendment to the Consent Decree does
not add to or change any of the
settlement obligations of the Settling
Defendants other than the Performing
Settling Defendants, and none of the
settling Third-Party Defendants will
have any obligations to implement the
provisions of the 2005 ROD
Amendment. Pursuant to the simplified
notification procedures of Paragraph 85
of the Consent Decree approved by the
Court in 2005 under the First
Amendment to the Consent Decree, the
Settling Defendants other than the
Performing Settling Defendants will not
be separately notified of the material
modifications to the work under the
Consent Decree required by the 2005
ROD Amendment and the Second
Amendment to the Consent Decree other
than through this Federal Register
Notice.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
Second Amendment to the Consent
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to United States Department of
Justice, P.O. Box 7611, Washington, DC
20044–7611, and should refer to United
States v. The Upjohn Co. et al., v. ABF
Freight System, Inc., et al., Civil No.
1:92–CV–659 (W.D. Mich.), and DOJ
Reference No. 90–11–2–561.
The proposed Second Amendment to
the Consent Decree may be examined at:
(1) The Office of the United States
Attorney for the Western District of
Michigan, 330 Ionia Ave. NW., Suite
501, Grand Rapids, MI 49503, (616–
456–2404); and (2) the United States
Environmental Protection Agency
(Region 5), 77 West Jackson Blvd.,
Chicago, IL 60604–3507 (contact: Stuart
Hersh (312–886–6235)).
During the public comment period,
the proposed Second Amendment to the
Consent Decree may also be examined
on the following U.S. Department of
Justice Web site, https://www.usdoj.gov/
enrd/Consent_Decrees.html. A copy of
the proposed Second Amendment to the
Consent Decree 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 (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation no. (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please refer to the
referenced case and DOJ Reference
Number and enclose a check in the
amount of $3.00 for the Second
Amendment to the Consent Decree only
(12 pages, at 25 cents per page
reproduction costs), or $21.00 for the
Second Amendment to the Consent
Decree and all appendices (84 pages),
made 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.
William D. Brighton,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–4901 Filed 10–3–07; 8:45 am]
BILLING CODE 4410–15–M
E:\FR\FM\04OCN1.SGM
04OCN1
]]>Agencies
[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Page 56792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4901]
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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
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9622, the Department of Justice gives notice that a proposed
Second Amendment to the Consent Decree, in United States v. The Upjohn
Co. et al., v. ABF Freight System, Inc., et al., Civil No. 1:92-CV-659
(W.D. Mich.), was lodged with the United States District Court for the
Western District of Michigan on September 21, 2007, pertaining to the
West KL Avenue Landfill Superfund Site (the ``Site''), located on West
KL Avenue, Oshtemo Township, Kalamazoo County, Michigan. The proposed
Second Amendment to the Consent Decree amends a Consent Decree entered
by the Court in 1992, and a First Amendment to that Consent Decree
entered by the Court in 2005, that resolved the United States' civil
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,
against Pharmacia Corp., successor to The Upjohn Company; Kalamazoo
County; Charter Township of Oshtemo; the City of Kalamazoo
(collectively, the ``Performing Settling Defendants''); and 219
additional Third-Party Defendant generators at the Site (all
defendants, collectively, the ``Settling Defendants'').
Under the proposed Second Amendment to the Consent Decree, the
Performing Settling Defendants are obligated to implement a Record of
Decision (``ROD'') Second Amendment issued by the U.S. Environmental
Protection Agency (``EPA'') on September 12, 2005 (``2005 ROD
Amendment''). The 2005 ROD Amendment: (1) Revises the boundary of the
municipal water service to residences, moving the boundary further
downgradient to include additional properties that have had Site-
related contaminants detected in their drinking water wells; (2)
replaces the active pump and treat remedy for the contaminated
groundwater plume selected by the initial 1990 ROD with Monitored
Natural Attenuation (``MNA'') and contingent remedies; and (3) replaces
the 1990 ROD cap design (which included a 2-feet thick clay capping
layer) with a geosynthetic clay layer, a 40 mil geomembrane liner, a
geocomposite drainage layer, an 18-inch layer of clean fill, and a
vegetated 6-inch layer of topsoil.
Under the proposed Second Amendment to Consent Decree, Plaintiff
and the Performing Settling Defendants agree to modify the terms of the
Consent Decree, as provided by Paragraph 85 of the Consent Decree, to
require the Performing Settling Defendants to implement the provisions
of the 2005 ROD Amendment. The Settling Defendants other than the
Performing Settling Defendants are not signatories to the proposed
Second Amendment to the Consent Decree. The Second Amendment to the
Consent Decree does not add to or change any of the settlement
obligations of the Settling Defendants other than the Performing
Settling Defendants, and none of the settling Third-Party Defendants
will have any obligations to implement the provisions of the 2005 ROD
Amendment. Pursuant to the simplified notification procedures of
Paragraph 85 of the Consent Decree approved by the Court in 2005 under
the First Amendment to the Consent Decree, the Settling Defendants
other than the Performing Settling Defendants will not be separately
notified of the material modifications to the work under the Consent
Decree required by the 2005 ROD Amendment and the Second Amendment to
the Consent Decree other than through this Federal Register Notice.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Second Amendment to the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to pubcomment-
ees.enrd@usdoj.gov or mailed to United States Department of Justice,
P.O. Box 7611, Washington, DC 20044-7611, and should refer to United
States v. The Upjohn Co. et al., v. ABF Freight System, Inc., et al.,
Civil No. 1:92-CV-659 (W.D. Mich.), and DOJ Reference No. 90-11-2-561.
The proposed Second Amendment to the Consent Decree may be examined
at: (1) The Office of the United States Attorney for the Western
District of Michigan, 330 Ionia Ave. NW., Suite 501, Grand Rapids, MI
49503, (616-456-2404); and (2) the United States Environmental
Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604-
3507 (contact: Stuart Hersh (312-886-6235)).
During the public comment period, the proposed Second Amendment to
the Consent Decree may also be examined on the following U.S.
Department of Justice Web site, https://www.usdoj.gov/enrd/Consent_
Decrees.html. A copy of the proposed Second Amendment to the Consent
Decree 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
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation
no. (202) 514-1547. In requesting a copy from the Consent Decree
Library, please refer to the referenced case and DOJ Reference Number
and enclose a check in the amount of $3.00 for the Second Amendment to
the Consent Decree only (12 pages, at 25 cents per page reproduction
costs), or $21.00 for the Second Amendment to the Consent Decree and
all appendices (84 pages), made 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.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-4901 Filed 10-3-07; 8:45 am]
BILLING CODE 4410-15-M
