Notice of Lodging of Order Modifying Amended Consent Decress Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9622(I)

DEPARTMENT OF JUSTICE

Notice of Lodging of Order Modifying Amended Consent Decress

Pursuant to the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, 42 U.S.C. 9622(I)

Notice is hereby given that a proposed order modifying the Amended

Consent Decree in United States v. Elmer Burrows, et al., Civil Action

No. K88-128CA8, was lodged on February 23, 1996 with the United States

District Court for the Western District of Michigan. The proposed

modification of the Amended Consent Decree changes the cleanup

standards for chromium in groundwater in connection with the remedial

action at the Burrows Sanitation Site in Hartford Township, Van Buren

County, Michigan, pursuant to the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA), 42 U.S.C. 9101 et seq.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Order. Comments should be addressed to the Assistant Attorney

General for the Environment and Natural Resources Division, Department

of Justice,

[[Page 10597]]

Washington, D.C. 20530, and should refer to United States v. Elmer

Burrows, et al., DOJ Ref. #90-11-2-223.

The proposed Order Modifying Amended Consent Decree may be examined

at the office of the United States Attorney, Room 399, Federal

Building, 110 Michigan, NW, Grand Rapids, Michigan, 49503; the Region 5

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 Order Modifying Amended 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 refer to the referenced case and enclose a check in the amount

of $1.00 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

United States District Court for the Western District of Michigan

United States of America, Plaintiff/Counter-Defendant, v. Elmer

Burrows d/b/a Burrows Sanitation and Auto Specialties Manufacturing

Company, Defendants, and Duane Funk, Evelyn Funk, Douglas Mackinder,

Georgia Mackinder, Du-Wel Products, Inc., Du-Wel Hartford, Inc., and

Whirlpool Corporation, Defendants/Counter-Plaintiffs. Hon. Benjamin

Gibson, File No. K88-128CA8.

Charles E. Barbieri,

(P31793)

Attorney for Defendant Du-Wel Products, Inc., 313 S. Washington

Square, Lansing, Michigan 48933, Telephone: (517) 372-8050

Order Modifying Amended Consent Decree

At a session of said Court, held in the District Court Rooms,

Western District of Michigan, City of Grand Rapids, State of Michigan,

on the ____ day of ________, 1994.

Present: Honorable Benjamin Gibson, District Judge.

This Court having reviewed the Joint Motion of Plaintiff, United

States of America, and Defendant, Du-Wel Products, Inc., to Modify

Amended Consent Decree entered July 20, 1992, and the Supporting Brief;

this Court finding that the parties to the Amended Consent Decree have

consented to the requested modification in the Joint Motion, and this

Court, being fully advised in the premises;

It is hereby ordered and Adjudged, that the Amended Consent Decree

entered dated July 20, 1992, be amended as follows:

11.A. Settling Defendants shall perform the Work required herein so

that the concentrations of chemicals of concern in the groundwater do

not exceed the Safe Drinking Water Act Maximum Contaminant Levels

(MCLs), Maximum Contaminant Level Goals (MCLGs), whichever is lower, or

Water Quality Criteria for Protection of Human Health due to Ingestion

of Drinking Water, where no MCLs or MCLGs exist. These Groundwater

Cleanup Standards for the chemicals of concern are as follows:

Chromium--100 UG/L

Copper--1,000 UG/L

Lead--20 UG/L

Nickel--150 UG/L

Zinc--5,000 UG/L.

Extraction and off-site treatment and disposal of the groundwater

is required to achieve the Groundwater Cleanup Standards and shall be

implemented by Settling Defendants according to the schedule set forth

in the Amended RAP. Settling Defendants shall, once Groundwater Cleanup

Standards have been achieved, extract and treat and dispose of one

additional volume of groundwater equal to that pumped to achieve the

Groundwater Cleanup Standards, as required above, or, in the

alternative, Settling Defendants may undertake an alternative to

extracting and treating and disposing of one additional volume of

groundwater equal to that pumped to achieve the Groundwater Cleanup

Standards that is acceptable to and approved in writing by U.S. EPA. In

any event, Settling Defendants shall continue to extract groundwater

and to treat and dispose of the same off-site as required above unless

and until U.S. EPA approves in writing an alternative to extracting and

treating and disposing of one additional volume of groundwater equal to

that pumped to achieve the Groundwater Cleanup Standards, as required

above.

It is further ordered that Table 2-1 on page 2-2 of the Amended

Remedial Action Plan, which is part of the Amended Consent Decree

entered by the Court on July 20, 1992, be amended as follows:

Groundwater Clean-up Standards

[Concentrations reported in UG/L.]

------------------------------------------------------------------------

Groundwater clean-

Indicator chemical up standards a

------------------------------------------------------------------------

Chromium............................................. 100

Copper............................................... 1,000

Lead............................................. 20

Nickel............................................... b 150

Zinc............................................. 5,000

------------------------------------------------------------------------

a Based on SDWA MCLs, MCLGs, and proposed MCLGs.

b No MCL or MCLG established. Criteria based on Office of Drinking Water

Health Advisory.

It is so ordered.

Benjamin Gibson,

U.S. District Judge.

[FR Doc. 96-6097 Filed 3-13-96; 8:45 am]

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