Notice of Lodging of Consent Decree Under the Comprehnsive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehnsive

Environmental Response, Compensation, and Liability Act

Notice is hereby given that on September 29, 1997, a proposed De

Minimis Consent Decree (``proposed Decree'') in United States and State

of Indiana v. A. H. Choitz, et al., Civil Action No. 1:97-CV-362, was

lodged with the United States District Court for the Northern District

of Indiana (Fort Wayne Division).

In this action the United States seeks relief under Sections 106

and 107 of the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. Secs. 9606 & 9607, for cost

recovery and abatement of hazardous substances relating to the Wayne

Reclamation and Recycling Site (Site), located near Columbia City,

Indiana.

The proposed Decree would resolve the liability of over 800 de

minimis parties. These parties were customers of a now-defunct company

known as Wayne Reclamation, which operated the Site in the 1970's and

1980's and which transported and disposed of a wide variety of

substances, including waste oil. Each of the proposed de minimis

settlers allegedly arranged with Wayne Reclamation for the disposal of

minimal amounts of hazardous substances which ultimately were disposed

of at the Site.

Under the proposed Decree, each of these 800-plus de minimis

settlers

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receives contribution protection for response costs incurred and to be

incurred in cleaning up the Site, as well as covenants not to sue from

the United States under Sections 106 and 107 of CERCLA and Section 7003

of the Resource Conservation and Recovery Act (``RCRA''). The State of

Indiana, co-plaintfiff in this case, gives similar covenants to the de

minimis settlers. Also joining the proposed Decree are private parties

(``the Large Volume PRPs'') who are obligated under a prior consent

decree with the United States and State of Indiana to design,

construct, and maintain the remedial action that EPA selected for the

Site. Under the proposed Decree, the Large Volume PRSs relinquish their

contribution claims against all the de minimis settlers and against any

other person not already sued in contribution for costs incurred in

connection with this Site.

In return for these covenants, the de minimis settlers shall pay,

in total, approximately $5.4 million to the large Volume PRPs. In

addition, the United States and State of Indiana shall receive from the

Large Volume PRPs approximately $203,000, in reimbursement of past

costs and in resolution of a natural resource damages claim.

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

days from the date of this publication comments relating to the

proposing Decree. Comments should be addressed to the Assistant

Attorney General of the Environmental and Natural Resources Division,

Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C.

20530, and should refer to United States and State of Indiana v. A.H.

Choitz, et al., Civil Action No. 1:97-CV-362, D.J. Ref. 90-11-3-603A.

Commenters may request an opportunity for a public meeting in the

affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.

Sec. 6973(d).

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

States Attorney, 3128 Federal Building, 1300 S. Harrison Street, Fort

Wayne, Indiana 46802, at the Office of Regional Counsel, U.S. EPA

Region 5, 200 West Adams, Chicago, Illinois, 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 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 of the entire Decree,

including all signature pages and attachments, please enclose a check

in the amount of $126.25 (25 cents per page reproduction cost) payable

to the Consent Decree Library. In requesting a copy of only the text of

the proposed Decree, a stipulation related to the proposed Decree, and

the signature page of the United States, please enclose a check in the

amount of $9.50 (25 cents per page reproduction cost) payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-27205 Filed 10-14-97; 8:45 am]

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