Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Comprehensive

Environmental Responses, Compensation, and Liability Act (CERCLA)

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d)(2), notice is hereby given that on April 1, 1998, a proposed

Consent Decree was lodged by the United States in United States v.

Marvin E. Prochnow, et al., Civil No. 95-C-0962, with the United States

District Court for the Eastern District of Wisconsin. The proposed

Consent Decree resolves the United States' pending cost-recovery claims

under Section 107(a) of the Comprehensive Environmental Response,

Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, relating

to the Marvin Prochnow Landfill Site (the ``Site'') located in

Cedarburg, Wisconsin. The Consent Decree also resolves the Defendants'

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crossclaims against each other and the Defendants' counterclaims

against the United States Postal Service, for contribution under CERCLA

Section 113(f), 42 U.S.C. 9613(f).

In 1992, the United States Environmental Protection Agency

(``EPA'') conducted a removal action to address the threat from the

presence of vinyl chloride, a carcinogen, in drinking-water wells near

the Site. The removal action included the delivery of bottled water and

air strippers, and the installation of a water line to connect

residences and businesses to municipal water, at a cost of

approximately $500,000. The United States' current unrecovered costs,

including prejudgment interest, enforcement costs and other costs

associated with EPA's removal, total approximately $700,000.

At a Court-ordered mediation proceeding in August 1997, the five

Defendants agreed to pay $545,000 into an interest-bearing Court

repository account by October 15, 1997, with $5,000 to be paid by the

United States Postal Service after entry of a consent decree to EPA,

for a total payment of $550,000 for the costs of the removal. The

proposed Consent Decree memorializes this agreement, and also provides

for Mr. Prochnow's land that is adjacent to the landfill to be sold at

the direction of the Defendants, which will be Mr. Prochnow's share of

the costs to be paid by the Defendants. The Defendants plan to use any

proceeds from the sale of that realty to defray costs associated with

the proper closure of the Site.

The Department of Justice will receive comments concerning 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, Environment and Natural Resources Division, U.S.

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

D.C. 20044, and should refer to United States v. Marvin E. Prochnow, et

al., DOJ Number 90-11-2-1118.

The proposed Consent Decree may be examined at any of the following

offices: (1) the Office of the United States Attorney, Eastern District

of Wisconsin, Federal Building, Room 530, 517 East Wisconsin Avenue,

Milwaukee, Wisconsin (414) 297-1700; (2) the U.S. Environmental

Protection Agency, Region 5, 77 W. Jackson Blvd. Chicago, Illinois

60604, (312) 886-6842; and (3) the Consent Decree Library, 1120 G

Street, NW, 4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies

of the proposed Decree may be obtained by mail from the Consent Decree

Library, 1120 G Street, NW, 4th Floor, Washington, D.C. 20005. for a

copy of the Consent Decree please enclose a check for $8.25 ($.25 per

page reproduction charge) payable to ``Consent Decree Library.''

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment & Natural

Resources.

[FR Doc. 98-9140 Filed 4-7-98; 8:45 am]

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