Notice of Lodging of Consent Decree

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Notice is hereby given that two proposed Consent Decrees in United

States v. Sanitary District of Hammond, et al., Case No. 2:93 CV 225

JM, were lodged with the United States District Court for the Northern

District of Indiana, on September 17, 1996. One Consent Decree resolves

claims of the United States and the State of Indiana against Cerestar

USA, Inc. (formerly American Maize-Products Company), Ferro Corporation

(Keil Chemical Division), and Lever Brothers Company. The United

States' Compliant alleged that the three defendants violated the Clean

Water Act, 33 U.S.C. Sec. 1251 et seq., and the Rivers and Harbors Act,

33 U.S.C. Sec. 403 and 407. The Consent Decree requires each of the

three defendants to achieve and maintain compliance with the Clean

Water Act and to pay a civil penalty of $200,000 each to the United

States, and the three defendants together to pay a total of $4.7

million to a trust fund to be used for remediation and restoration of

the Grand Calumet River. The proposed Consent Decree includes covenants

not to sue from the United States pursuant to Sections 309 and 311 of

the Clean Water Act, 33 U.S.C. Secs. 1319 and 1321, the Rivers and

Harbors Act, 33 U.S.C. Sec. 401 et seq.; Sections 106 and 107 of the

Comprehensive Environmental Response, Compensation and Liability Act,

42 U.S.C. Secs. 9606 and 9607; Oil Pollution Act Section 1002(b)(2), 33

U.S.C. Sec. 2702(B)((2); and Section 7003 of the Resource Conservation

and Recovery Act (RCRA), 42 U.S.C. Sec. 6973.

The second Consent Decree resolves claims of the United States and

the State of Indiana in the above captioned matter against Tenneco

Packaging (formerly Packaging Corporation of America). The United

States' Complaint alleged that Tenneco Packaging violated the Clean

Water Act, 33 U.S.C. Sec. 1251 et seq. The Consent Decree requires

Tenneco Packaging to achieve and maintain compliance with the Clean

Water Act, undertake measures to reduce water usage at its facility in

Griffith, Indiana, pay a civil penalty of $200,000 to the United

States, and a civil penalty of $50,000 to the State of Indiana.

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. All comments should refer to United

States v. Sanitary District of Hammond, et al., D.J. Ref. 90-5-1-1-

3308A. Commenters may request an opportunity for a public hearing in

the affected area, in accordance with Section 7003(d) of RCRA,

regarding the Consent Decree involving Cerestar USA, Inc., Ferro

Corporation, and Lever Brothers Company.

The proposed Consent Decrees may be examined at the office of the

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois, 60604, 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 Decrees 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 $12.00 for the Consent Decree involving Cerestar USA,

Inc., Lever Brothers Company and Ferro Corporation, and $6.75 for the

Consent Decree concerning Tenneco Packaging (25 cents per page

reproduction costs). Checks should be made payable to the Consent

Decree Library. When requesting a copy, please refer to United States

v. Sanitary District of Hammond, et al., D.J. Ref. 90-5-1-1-3308A, and

specify which decree you are requesting.

Bruce S. Gelber,

Deputy Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 96-25028 Filed 9-27-96; 8:45 am]

BILLING CODE 4410-01-M