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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and Section

122 of CERCLA, 42 U.S.C. 9622, notice is hereby given that on August

30, 1994, a proposed Consent Decree in United States versus Town of

Onalaska, Wiconsin, Civil Action No. 94 C 642S, was lodged with the

United States District Court for the Western District of Wisconsin.

This consent decree represents a settlement of claims of the United

States and the State of Wisconsin against the Town of Onalaska for

reimbursement of response costs and injunctive relief in connection

with the Onalaska Municipal Landfill site (``Site'') pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act,

42 U.S.C. 9601 et seq.

Under this settlement between the United States, the State of

Wisconsin, and the Town of Onalaska, the Town will pay the United

States $110,000 in partial reimbursement of response costs incurred by

the Environmental Protection Agency at the Site, perform operation and

maintenance activities at the site throughout the contemplated thirty-

year remedial action, secure access and title to properties adjacent to

the site and impose conservation easements on such properties

consistent with their location adjacent to a wildlife refuge, and

institute appropriate institutional controls. Stipulated penalties may

be imposed in the event the Town does not comply with the requirements

of the Consent Decree. The consent decree also contains provisions

allowing a new action against the Town to be commenced in the event

undiscovered conditions or new information demonstrate that the

remedial action at the Onalaska Landfill site is not protective of

human health or the environment.

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 of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States versus Town of Onalaska, Wisconsin, DOJ Ref. 90-11-3-

605A.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Western District of Wisconsin, 120 North Henry

Street, Room 420, Madison, Wisconsin 53703, at the Region 5 Office of

the Environmental Protection Agency, 77 West Jackson Street, Chicago,

Illinois 60604-3590, and at the 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 enclose a check in the amount

of $11.75 (25 cents per page reproduction cost) payable to the Consent

Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-22778 Filed 9-14-94; 8:45 am]

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