# Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and Resource Conservation and Recovery Act

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-31242

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 2, 1999
- **Citation:** 64 FR 67587

## Text

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act and Resource
Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.
9622(d)(2), notice is hereby given that on November 9, 1999, a proposed
consent decree in United States v. N.L. Industries, et al. C.A. No. 91-
CV578-JLF (S.D. Ill.), was lodged with the United States District Court
for the Southern District of Illinois. The proposed consent decree
would resolve pending claims of the United States against certain
defendants in the above-referenced action (Johnson Controls, Inc.,
Lucent Technologies, Inc., Exide Corporation, AlliedSignal, Inc., G & B
Technology, and General Battery, Inc.) (``Settling Defendants''). The
proposed Consent Decree would not resolve pending claims against
defendants NL Industries, Inc., Ace Scrap Metal Processors, Inc. and
St. Louis Lead Recyclers.
The above-referenced civil action, which relates to the NL
Industries/Taracorp Superfund Site located in Granite City, Madison,
and Venice, Illinois (``the Site''), was commenced by the United States
in July 1991. The Compliant sought injunctive relief requiring the
performance of remedial actions at the Site in accordance with an
Administrative Order issued by U.S. EPA pursuant to Section 106 of
CERCLA, 42 U.S.C. 9606, recovery of response costs incurred and to be
incurred by the United States at the Site, and civil penalties and
punitive damages for the defendant's failure to comply with the
Administrative Order.
The proposed consent decree would require the Settling Defendants
to: complete the remedial action selected by the Environmental
Protection Agency (``EPA'') for the Site; pay to the EPA Hazardous
Substance Superfund $8,970,000 in reimbursement of past response costs,
as well as 50% of $1,420,000 in unresolved response costs currently
subject to audit that are deemed proper and correct by the audit and
approved by EPA; pay ``Future Response Costs,'' including costs of
overseeing response actions at the Site; pay to the EPA Hazardous
Substance Superfund a civil penalty of $400,000 for failure to comply
with EPA's Administrative Order; and complete a supplemental
environmental project consisting of conducting a lead paint abatement
program in Madison County, for a total expenditure of not less than
$2,000,000.
Under the proposed Consent Decree, the United States would provide
the Settling Defendants a covenant not to sue under Sections 106 and
107(a) of CERCLA and Section 7003 of the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, for the Site, subject to
certain reservations and reopeners.
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 for the Environment and Natural Resources Division,
United States Department of Justice, P.O. Box 7611, Ben Franklin
Station, Washington, DC 20044-7611, and should refer to United States
v. N.L. Industries, et al., C.A. No. 91-CV578-JLF (S.D. Ill.), and the
Department of Justice Reference No. 90-11-3-608A. Interested persons
may also request an opportunity for a public hearing in the affected
area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.
Sec. 6973(d), by contacting Larry Johnson (EPA Region 5) at (312) 886-
6609.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the Southern District of Illinois, Nine
Executive Drive, Suite 300, Fairview Heights, IL 62208, and the Region
5 Office of the United States Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604-3590. A copy of the proposed
Consent Decree may be obtained by mail from the Consent Decree Library,
P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-7611. In
requesting a copy, please refer to DJ #90-11-3-608A, and enclose a
check in the amount of $24.25 (97 pages at 25 cents per page for
reproduction costs) if requesting the consent decree only or $354.00
(1,418 pages at 25 cents per page for reproduction costs) if requesting
the consent decree and all appendices. Make checks payable to the
Consent Decree Library.
Joel M. Gross, Chief
Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. 99-31242 Filed 12-1-99; 8:45 am]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-31242. Public record. Not legal advice.