Notice of Lodging of Consent Decrees Relating to the Lemberger Superfund Sites in Manitowoc County, WI, Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Relating to the Lemberger

Superfund Sites in Manitowoc County, WI, Under the Comprehensive

Environmental Response, Compensation, and Liability Act

Notice is hereby given that three proposed consent decrees in

United States v. Invincible Metal Furniture Company, Inc., Civil Action

No. 96-C-740, United States v. A & P (Whitehouse Division), et al.,

Civil Action No. 96-C-738, and United States v. A.C.E. Building

Service, Inc., et al., Civil Action No. 96-C-739 (and related cases-

Lemberger Sites Remediation Group v. Amoco Corp., et al., Civil Action

No. 95-C-1064 and Lemberger Sites Remediation Group v. A.M. Richter &

Sons, Co., et al., Civil Action No. 95-C-1065) were lodged with the

United States District Court for the Eastern District of Wisconsin, on

June 21, 1996. All of these actions were commenced pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act

(``CERCLA''), 42 U.S.C. Sec. 9601, et seq. in connection with the

Lemberger Landfill Superfund Site (#5-3E), and the Lemberger Transport

& Recycling Superfund Site (#5-J4) (See the National Priorities List in

40 CFR Part 300, Appendix B) which are located near the intersection of

Hempton Lake and Sunnyslope Roads, near the town of Whitelaw, in

Manitowoc County, Wisconsin.

The Operable Unit 1 and Operable Unit 2 remedial and removal

actions at the two Lemberger Sites are being performed by a group of

potentially responsible parties (the Lemberger Sites Remediation Group

or the ``LSRG'') who signed a Consent Decree in 1992 and an

Administrative Order in 1993 with the United States. In the first

proposed consent decree with Invincible Metal Furniture Company,

Invincible, which following the signing of the 1993 Administrative

Order joined the LSRG, is now committing to the United States to

perform the Operable Units 1 and 2 remedial and removal actions for the

two Lemberger Sites, to pay the United States' and the State of

Wisconsin's future response costs for the Sites, and to pay $600,000

towards the United States' past response costs incurred and paid in

connection with the two Lemberger Sites.

The United States is also lodging two proposed consent decrees with

parties who contributed ``de minimis'' amounts of waste to the

Lemberger Sites: a ``global decree'' which is a settlement among the

signatories, the LSRG and the United States, and a ``partial decree''

which is a settlement between the signatories and the United States

only. Under the proposed ``Global De Minimis Consent Decree'' with

A.C.E. Building Services, Inc., et al., if all signatories to the

consent decree meet their commitments, the LSRG will be paid

approximately $1,183,000 toward the costs it has incurred and will

continue to incur in remediating the Lemberger Sites, and the United

States will be paid approximately $287,000 towards the costs it has

incurred and paid in connection with the Lemberger Sites. Under the

proposed ``partial'' consent

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decree with A & P (Whitehouse Division), et al., if all signatories to

that decree meet their commitments, the United States will be paid

approximately $126,000 towards the costs it has incurred and paid in

connection with the Sites.

The Department of Justice will receive comments relating to the

proposed consent decrees for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, Washington, D.C. 20530 (attention: Lisa Cherup). All

comments should refer to ``United States v. Invincible Metal Furniture

Company, Inc., United States v. A.C.E. Building Service, Inc., et al.,

and United States v. A & P (Whitehouse Division), et al. (Lemberger

Superfund Sites) DJ # # 90-11-2-712B & E.''

The proposed consent decrees may be examined at the Office of the

United States Attorney for the Eastern District of Wisconsin, 517 E.

Wisconsin Ave., Room 530, Milwaukee, WI 53202 (c/o William Lipscomb);

the Region V Office of the U.S. Environmental Protection Agency, 77

West Jackson Street, Seventh Floor, Chicago, Illinois 60604; at the

Department of Justice Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, DC 20005 (202) 624-0892 or at the Manitowoc Public

Library, 808 Hamilton Street, Manitowoc, Wisconsin (414) 683-4862. A

copy of any one or more of the proposed consent decrees may be obtained

in person or by mail from the Department of Justice Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In

requesting a copy, please refer to the above-referenced DJ numbers, and

enclose a check in the amount of $25.50 (twenty-five cents per page

reproduction costs) for the entire Global De Minimis Consent Decree

with all signature pages (102 pages total), $10.00 for the Global De

Minimis Consent Decree without all signature pages (40 pages), $8.00

for the Partial De Minimis Consent Decree (32 pages), and $5.00 for the

Invincible Consent Decree (20 pages), payable to the Consent Decree

Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 96-17494 Filed 7-9-96; 8:45 am]

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