Notice of Lodging of Consent Decree and Motions To Modify Prior Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Motions To Modify Prior

Consent Decrees Pursuant to the Comprehensive Environmental Response,

Compensation and Liability Act, and the Resource Conservation and

Recovery Act

In accordance with 28 CFR 50.7 and Section 122 of the Comprehensive

Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622,

the Department of Justice gives notice that a proposed consent decree

in United States v. Akzo Nobel Coatings, et al., civil No. 95-CV-71470

(E.D. Mich.), was lodged with the United States District Court for the

Eastern District of Michigan on September 25, 1998, pertaining to the

Metamora Landfill Superfund Site (``Site''), located in Metamora

Township, Michigan. The proposed consent decree would resolve the

United States' civil claims against two of the five defendants

remaining in that CERCLA cost recovery action.

Under the proposed consent decree, Akzo Nobel Coatings, Inc. will

pay $4,111,999, and The Dow Chemical Company will pay $3,000,000 in

partial reimbursement of the costs incurred by the United States in

connection with the Site.

As part of the settlement, the United States will covenant not to

sue the two settling defendants under Section 7003 of the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, as well

as CERCLA Sections 106 and 107, 42 U.S.C. 9606 and 9607.

The United States also has lodged with the United States District

Court for the Eastern District of Michigan motions to modify several

other consent decrees that have been lodged and/or entered pertaining

to the Site. The purpose of the amendments is to add a covenant not to

sue under RCRA Section 7003, 42 U.S.C. 6973.

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

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

proposed consent decree and to the aforementioned proposed

modifications to the previously entered/lodged consent decrees. In

accordance with RCRA Section 7003(d), 42 U.S.C. 6973(d), commentors

also may request an opportunity for a public meeting in the affected

area to discuss the proposed covenants not to sue under RCRA Section

7003, 42 U.S.C. 6973.

All comments, and/or requests for a public meeting under RCRA

Section 7003(d), should be addressed to the Assistant Attorney General,

Environment and Natural Resource Division, United States Department of

Justice, Washington, D.C. 20530.

Comments pertaining to only the proposed consent decree involving

Akzo Nobel Coatings and The Dow Chemical Company should refer to United

States v. Akzo Nobel Coatings, et al., Civil No. 95-CV-71470 (E.D.

Mich.) and DOJ Reference No. 90-11-3-289A.

Comments and/or requests for a public meeting regarding only the

[[Page 57312]]

proposed covenants not to sue under RCRA Section 7003 should refer to:

1. U.S. v. CertainTeed Corporation d/b/a Wolverine Technologies,

Inc., et al. (E.D. Mich., Civ. No. 98-71586) (90-11-3-289J);

2. U.S. v. Arkwright, Inc. (E.D. Mich., Civ. No. 96-75795) (90-11-

3-289E);

3. U.S. v. Kux Manufacturing, et al. (E.D. Mich., Civ. No. 96-

72189) (DOJ Reference No. 90-11-3-289L);

4. U.S. v. Champion Enterprises, Inc. (E.D. Mich., Civ. No. 98-

71283) (DOJ Reference No. 90-11-3-289K);

5. U.S. v. Imlay City, et al. (E.D. Mich., Civ. No. 98-70520) (DOJ

Reference No. 90-11-3-289M);

6. U.S v. Standard Detroit Paint Company (E.D. Mich., Civ. 98-

73268) (DOJ Reference No. 90-11-3-289H); and

7. United States v. Akzo Nobel Coatings, et al., (E.D. Mich., Civ.

No. 95-71470) (DOJ Reference No. 90-11-3-289A).

The proposed consent decree may be examined at: (1) the Office of

the United States Attorney for the Southern District of Ohio, Federal

Building, Room 602, 200 W. Second St., Dayton, Ohio 45400 (937-225-

2910); (2) the United States Environmental Protection Agency (Region

5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact

Peter Felitti (312-886-5514)); and (3) the U.S. Department of Justice,

Environment and Natural Resources Division Consent Decree Library, 1120

G Street, N.W., 4th Floor, Washington, D.C. 20005 (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, N.W., 4th Floor,

Washington, D.C. 20005. In requesting a copy, please refer to the

referenced case and DOJ Reference Number and enclose a check in the

amount of $5.25 for the consent decree only (21 pages at 25 cents per

page reproduction costs), or $6.00 for the consent decree and its

appendices (3 pages), made payable to the Consent Decree Library.

Requests for copies of the proposed stipulated motions should be

directed to the United States Environmental Protection Agency (Region

5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact

Peter Felitti (312-886-5514)), or the United States Department of

Justice Environmental Enforcement Section, P.O. Box 7611, Washington,

D.C. 20044 (contact Imogene Solomon (202-514-2487) or Jennifer Hales

(202-514-4150).

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-28732 Filed 10-26-98; 8:45 am]

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