Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

Notice is hereby given that on September 2, 1997, a proposed

Consent Decree in United States v. Vogel Paint and Wax Co., C97-4078

MWB (N.D. Iowa) was lodged with the United States District Court for

the Northern District of Iowa. The proposed Consent Decree resolves the

United States' claims in this action against Vogel Paint and Wax

Company, Incorporated (``Vogel'') under Section 107(a) of CERCLA, 42

U.S.C. Sec. 9607(a), for response costs incurred and to be incurred by

the United States at the Vogel Paint and Wax Company Site (``Site'') in

Sioux County, Iowa.

The proposed Consent Decree requires, inter alia, that Vogel will

pay to the EPA Hazardous Substance Superfund $200,000. In addition,

Vogel is required to implement and perform certain response actions at

the Site as ordered by the State of Iowa. The proposed Consent Decree

grants to Vogel a covenant not to sue under Sections 106 and 107(a) of

CERCLA, 42 U.S.C. Secs. 9606 and 9607(a), and the contribution

protection afforded by Section 113(f)(2) of CERCLA, 42 U.S.C.

Sec. 9613(f)(2), for matters addressed in the proposed Consent Decree.

The proposed Consent Decree contains reopeners which allow the United

States, in certain situations, to institute additional proceedings to

require Vogel to perform response actions or reimburse the United

States for additional costs of response.

The Department of Justice will receive comments relating to the

proposed Consent Decree for a period of thirty (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, DC 20530, and should refer to United

States v. Vogel Paint and Wax Co., DOJ No. 90-11-3-855.

The proposed Consent Decree may be examined at the Office of the

United States Attorney for the Northern District of Iowa, 320 6th St.,

Sioux City, Iowa 51101; and at the Consent Decree library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005. A copy of the proposed

Consent Decree may be obtained in person or by mail from the Consent

Decree library. When requesting a copy, please enclose a check in the

amount of $11.25 (25 cents per page reproduction cost) payable to the

Consent Decree library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-25995 Filed 9-30-97; 8:45 am]

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