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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Decker

Manufacturing Corporation, Civil Action No. 1:98-CV-404, (W.D.

Michigan) entered into by the United States and Decker Manufacturing

Corporation, was lodged on May 14, 1998, with the United States

District Court for the Western District of Michigan. The proposed

Consent Decree will resolve claims of the United States against Decker

Manufacturing Corporation for recovery of response costs incurred by

the U.S. Environmental Protection Agency at the Albion-Sheridan

Township Landfill Superfund Site in Albion, Calhoun County, Michigan

pursuant to the Comprehensive Environmental Response, Compensation and

Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA`''). The settlement

requires Decker Manufacturing Corporation to make payment of $250,000

to the United States following entry of the proposed Consent Decree.

The Consent Decree includes a covenant not to sue by the United

States under Sections 106(b) and 107(c)(3) of CERCLA, 42 U.S.C. 9606(a)

and 9607(c)(3), for potential violations through November 12, 1997, of

an administrative order issued to Decker, and others, by U.S. EPA at

the Site. The Consent Decree also includes a covenant not to sue by the

United States under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for

recovery of past response costs at the Site.

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

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

Consent Decree. Comments should be addressed to the Assistant Attorney

General for the Environment and Natural Resources Division, United

States Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, D.C. 20044-7611, and should refer to United States v.

Decker Manufacturing Corporation, Civil Action No. 1:98-CV-404, and the

Department of Justice Reference No. 90-11-2-1109/1.

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

United States Attorney for the Western District of Michigan, 333 Ionia

Avenue, NW, Suite 501, Grand Rapids, Michigan 49503; the Region 5

Office of the United States Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois 60604-3590; and at the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, DC 20005,

telephone no. (202) 624-0892. A copy of the proposed Consent Decree may

be obtained in person or by mail from the Consent Decree Library, 1120

G Street, NW, 4th Floor, Washington, DC 20005. In requesting a copy,

please refer to DJ #90-11-2-1109/1, and enclose a check in the amount

of $6.50 (25 cents per page for reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-14335 Filed 5-29-98; 8:45 am]

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