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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy and 28 CFR 50.7, the

Department of Justice gives notice that two proposed consent decrees in

United States v. Midwest Metallics, L.P., et al., Civil Action No.

2:98CV203JM (N.D. Ind.), were lodged with the United States District

Court for the Northern District of Indiana, Hammond Division, on

October 21, 1998, pertaining to the H&H Enterprises Superfund Site (the

``Site''), located in Gary, Lake County, Indiana. The proposed consent

decrees would resolve certain civil claims of the United States under

Sections 106(b) and 107 of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C.

Secs. 9606(b) and 9707, against three defendants named in the action.

The first proposed consent decree, captioned ``Partial Consent

Decree with Settling Defendant Midwest Metallics, L.P.,'' would require

that settling defendant Midwest Metallics, L.P. (1) continue and

complete an ongoing CERCLA removal action involving the treatment and

off-Site disposal of accumulated waste material at the Site, and

reimburse the United States' future response costs relating to the

Site, including future oversight costs, (2) pay $335,000 as

reimbursement of past response costs incurred by the United States, and

(3) pay an additional $255,000 in penalties for alleged violations of

two prior Administrative Orders on Consent relating to the Site. The

second proposed consent decree, captioned ``Partial Consent Decree with

Settling Defendants Cozzi Iron & Metal, Inc. and General Iron

Industries, Inc.,'' would require that (1) Cozzi Iron & Metal, Inc. and

General Iron Industries, Inc. pay the United States $744,000, and (2)

Cozzi Iron & Metal, Inc. pay the United States an additional $12,000 in

penalties for alleged violations of a prior Administrative Order on

Consent relating to the Site.

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 decrees. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resource Division, United

States Department of Justice, Washington, D.C. 20530, and should refer

to United States v. Midwest Metallics, L.P., et al., Civil Action No.

2:98CV203JM (N.D. Ind.), and DOJ Reference No. 90-11-2-1092A, and the

proposed consent decree(s) which the comments address.

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

the United States Attorney for the Northern District of Indiana, 1001

Main Street, Suite A, Dyer, Indiana 46311-1234 (contact Carol Davilo

(219-322-8576)); (2) the United States Environmental Protection Agency

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

(contact Thomas Krueger (312-886-0562)); and (3) the U.S. Department of

Justice, Environment and Natural Resources Division Consent Decree

Library, 1120 G Street, NW, 3rd Floor, Washington, D.C. 20005 (202-624-

0892). Copies of the proposed consent decrees may be obtained in person

or by mail from the Consent Decree Library, 1120 G Street, NW, 3rd

Floor, Washington, D.C. 20005. In requesting copies, please refer to

the referenced case and DOJ Reference Number, the proposed consent

decree(s) requested, and enclose a check for the amount(s) described

below, made payable to the Consent Decree Library. The cost for a copy

of the ``Partial Consent Decree with Settling Defendant Midwest

Metallics, L.P.'' only is $15.00 (60 pages at 25 cents per page

reproduction costs), or $39.25 for that consent decree and all

appendices (157 pages). The cost for a copy of the ``Partial Consent

Decree with Settling Defendants Cozzi Iron & Metal, Inc. and General

Iron Industries, Inc.'' only is $6.50 (26 pages at 25 cents per page

reproduction costs), or $28.50 for that consent decree and all

appendices (114 pages).

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-29704 Filed 11-5-98; 8:45 am]

BILLING CODE 4410-15-M