Lodging of Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Under the Comprehensive Environmental

Response Compensation and Liability Act

In accordance with the policy of the Department of Justice, notice

is hereby given that on February 2, 1994 a proposed Modification of

Consent Decree (``Modification'') in United States v. Kurdziel

Industries, Inc. was lodged with the United States District Court for

the Western District of Michigan. The proposed Modification will

resolve the Motion of the United States to Enforce Consent Decree filed

with the court on July 31, 1991. In that Motion, the United States

alleged that Kurdziel Industries, Inc. (``KII'') had violated certain

provisions of an existing consent decree, entered by the court on July

7, 1987, pursuant to the Resource Conservation and Recovery Act

(``RCRA''), 42 U.S.C. 6901 et seq. regarding the closure of areas

containing hazardous wastes located at its foundry in Rothbury,

Michigan.

Under the Modification, KII will complete closure of those areas

containing hazardous waste at its facility according to a closure plan

approved by the Michigan Department of Natural Resources and pay the

United States $600,000 in stipulated penalties for alleged violations

of the existing consent decree. The consent decree also requires

Kurdziel to make monthly payments to a trust fund and three of the

primary shareholders of Kurdziel to sign personal guaranties to provide

financial assurance for Kurdziel's completion of its obligations under

the closure plan.

The Department of Justice will receive comments relating to the

proposed Modification of Consent Decree for a period of 30 days from

the date of this publication. Comments should be addressed to the

Acting Assistant Attorney General of the Environment and Natural

Resources Division, Department of Justice, Washington, DC 20530. All

comments should refer to United States v. Kurdziel Industries, Inc., DJ

Ref. # 90-7-1-358A.

The proposed consent decree may be examined at the office of the

United States Attorney for the Western District of Michigan, 399

Federal Building, 110 Michigan NW., Grand Rapids, Michigan 49503 and at

the Region V Office of the Environmental Protection Agency, 77 West

Jackson Blvd., Chicago, Illinois 60604. Copies of the proposed consent

decree may also be examined at the Consent Decree Library, 1120 G

Street NW., 4th floor, Washington, DC 20005, (202) 624-0892. A copy of

the proposed decrees may be obtained in person or by mail from the

Consent Decree Library. In requesting a copy, please enclosed a check

in the amount of $9.75 (25 cents per page reproduction costs), payable

to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-3417 Filed 2-14-94; 8:45 am]

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