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 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. Bestfoods f/k/a CPC International Inc., and

Jennifer Granholm, Attorney General of the State of Michigan v.

Bestfoods f/k/a CPC International Inc., Civil Nos. 1:96CV680 and

1:96CV898 (W.D. Mich.), was lodged with United States District Court

for the Western District of Michigan on May 17, 1999, pertaining to the

Duell and Gardner Landfill Site (``Site''), located in Muskegon

Township, Muskegon County, Michigan. The proposed consent decree would

resolve the United States' and the State of Michigan's civil claims

against Bestfoods in those cost recovery actions brought under CERCLA

and part 201 of the [Michigan] Natural Resources and Environmental

Protection Act, 1994 P.A., as amended, MCL 324.20126(a)(1)(a); MSA

13A.20126(a)(1)(a).

Under the proposed consent decree, Bestfoods will pay $50,000

towards the governments' past costs (of which the U.S. will receive

$40,000 and Michigan will receive $10,000). In addition, Bestfoods will

agree not to seek reimbursement of the costs incurred by Bestfoods in

complying with an Order issued by the United States Environmental

Protection Agency under CERCLA Section 106, 42 U.S.C. 9606, which

ordered Bestfoods to design and implement a remedy for 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 decree.

Comments pertaining to the proposed consent decree should refer to

United States v. Bestfoods f/k/a CPC International Inc., Civil No.

1:96CV680 (W.D. Mich.) and DOJ Reference No. 90-11-2-1033.

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

the United States Attorney for the Western District of Michigan, 330

Ionia, NW., Grand Rapids, Michigan 49503 (616) 456-2404; (2) the United

States Environmental Protection Agency (Region 5), 77 West Jackson

Boulevard, Chicago, Illinois 60604-3590 (contact Thomas Turner (312-

886-6613)); and (3) the U.S. Department of Justice, Environment and

Natural Resources Division Consent Decree Library, 1120 G Street, NW.,

3rd Floor, Washington, DC 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, NW., 3rd Floor, Washington, DC. 20005.

In requesting a copy, please refer to the referenced case and DOJ

Reference Number and enclose a check in the amount of $7.75 for the

consent decree only (31 pages at 25 cents per page reproduction costs),

or $9.25 for the consent decree and its appendices (37 pages), made

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-13994 Filed 6-2-99; 8:45 am]

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