# Notice of Lodging of Consent Decree and Bankruptcy Stipulation Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, (``CERCLA'')

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30829

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** December 15, 1994

## Text

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Bankruptcy Stipulation
Pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act, (``CERCLA'')

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.
Sec. 9622(d)(2), notice is hereby given that a proposed consent decree
in United States v. Agrico Chemical Co., Inc. et al, Civil Action No.
94-40462 (E.D. Mich.), was lodged on November 30, 1994 with the United
States District Court for the Eastern District of Michigan and a
proposed Stipulation in In re: Bond Corporation North America, et al
Case No. 91 B 10326 (FGC), was lodged on December 2, 1994 with the
United States Bankruptcy Court for the Southern District of New York.
The Consent Decree and the Stipulation together resolve claims of
the United States under Sections 106 and 107 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 , 42
U.S.C. Secs. 9606 and 9607, as amended (``CERCLA''), against fourteen
corporations that have been identified as potentially responsible
parties (``PRPs'') in connection with the hazardous waste site known as
the Forest Waste Products site, in Forest Township, Genesee County,
Michigan (the ``Site'').
The proposed decree requires thirteen ``Settling Defendants'' to
undertake the design and implementation of the final and remaining
portion of EPA's selected remedy for the Site, as set forth in a Record
of Decision dated March 31, 1988, as amended by an Explanation of
Significant Differences, signed by U.S. EPA May 4, 1993. Previous
remedial actions have been undertaken at the Site pursuant to an
Administrative Order on Consent, signed by U.S. EPA on August 23, 1993.
In addition, under the proposed Consent Decree, in conjunction with
the bankruptcy Stipulation, the United States will recover a total of
$5 million in past removal, investigative, administrative, and
enforcement costs (``Past Response Costs'') incurred by the United
States through March 31, 1993 in connection with the Site. The proposed
Consent Decree also provides for reimbursement of any future response
costs, including overseeing the remedial action work that is being
undertaken by the defendants, incurred by the United States in
connection with the Site.
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 Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States v. Agrico Chemical Co., Inc., et al, D.J. reference # 90-
11-2-306C.
The proposed Consent Decree and Bankruptcy Stipulation may be
examined at the Office of the United States Attorney for the Eastern
District of Michigan, Southern Division, 210 Federal Building, 600
Church Street, Flint, Michigan 48502; the Office of the United States
Attorney for the Southern District of New York, 100 Church Street, New
York, New York, 10007; the Region V Office of the Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois; and at
the Consent Decree Library, 1120 G Street NW., 4th Floor, Washington,
DC 20004, (202) 624-0892. A copy of the proposed consent decree and
Stipulation may be obtained in person or by mail from the Consent
Decree Library. In requesting a copy, please enclose a check in the
amount of $30.05 (25 cents per page reproduction costs), payable to the
Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-30829 Filed 12-14-94; 8:45 am]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30829. Public record. Not legal advice.