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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-25995

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 1, 1997
- **Citation:** 62 FR 51490

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-25995. Public record. Not legal advice.