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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation and Liability Act

Pursuant to Section 122(d)(2) of the Comprehensive Environmental

Response, Compensation and Liability Act, 42 U.S.C. 9622(d)(2), and 28

CFR 50.7, notice is hereby given that on June 30, 1999, a proposed

Consent Decree in United States v. Bronson Plating Company, et al.

Civil Action No. 1:99-CV-490, was lodged with the United States

District Court for the Western District of Michigan for a period of

thirty days to facilitate public comment.

The settlement embodied in the proposed Consent Decree requires the

settling defendants, Bronson Plating Company, the City of Bronson, ITT

Automotive, Inc., L.A. Darling Company, and The Scott Fetzer Company

(the ``Settling Defendants''), to implement the estimated $4 million

remedy selected by EPA for the first of two operable units for the

North Bronson Industrial Area Site (``Site''), located in Branch

County, Michigan Site. The Settling Defendants also agree to pay the

United States $1,629,114.88 for past response costs through March 31,

1997, as well as future costs of overseeing the implementation of the

remedial action. The remedy for the first operable unit includes

excavating contaminated eastern lagoon soil and sludge and covering

this area with clean soil; dredging sediment from County Drain #30;

consolidating contaminated waste from the eastern lagoons and County

Drain #30 in the western lagoons; covering the western lagoons;

installing a French Drain between the western lagoons and county Drain

#30 to capture contaminated groundwater; and treating contaminated

groundwater in a treatment wetland before discharging the water into

County Drain #30. The selected remedy also includes monitoring

groundwater and surface water quality; placing institutional controls

on the western lagoon area and the treatment wetland; and placing

restrictions on future groundwater use throughout the Site.

The past cost payment includes a settlement with the City of

Bronson (``the City'') based on its ability to pay, which will pay

$118,074 plus interest over a three-year period. The Consent Decree

further includes a settlement of a natural resource damages claim of

the U.S. Department of the Interior (``DOI''), for either a cash

payment of $100,000, plus DOI's assessment costs, or an agreement to

conduct compensatory restoration by acquiring replacement habitat of at

least 20 acres within the State of Michigan, and to pay DOI's oversight

assessment costs.

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 should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Bronson Plating, et al., DOJ No. 90-11-2-1311.

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

States Attorney, Western District of Michigan, 330 Ionia Avenue, Grand

Rapids, Michigan 49503, at the Region 5 Office of the United States

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL

60604-3590, and at the Consent Decree Library, 1120 G Street, NW, 3rd

Floor, Washington, DC 20005. A copy of the 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 above-referenced case and enclose a check in the

amount of $22.00 (25 cents per page reproduction cost, without

exhibits) payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 99-19006 Filed 7-23-99; 8:45 am]

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