[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Notices]
[Page 69958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26510]



[[Page 69958]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America and Wainwright Industries, Inc. Under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA)

    Under 28 CFR 50.7, notice is hereby given that on November 18, 
2004, a proposed Consent Decree (``Consent Decree'') in the case of 
United States of America v. Wainwright Industries, Inc., Civil Action 
No. 02-CV-1548-SNL, was lodged with the United States District Court 
for the Eastern District of Missouri, Eastern Division.
    The Consent Decree resolves the United States' claims under Section 
107 of CERCLA, 42 U.S.C. 9607, against Wainwright Industries, Inc. for 
costs the Environmental Protection Agency incurred responding to 
contamination at the Valley Park TCE Site (``Site''), in St. Louis 
County. Under the Consent Decree, Wainwright Industries will pay 
$542,000 plus interest in two installments, plus future EPA oversight 
costs at its former property. The amount is based upon Wainwright 
Industries' certified inability to pay more. In exchange, Wainwright 
Industries will receive a covenant not to sue for past and future costs 
related to known contamination at the Site, and contribution 
protection, subject to standard reservations of rights. The covenant 
not to sue is conditioned upon Wainwright Industries' satisfactory 
completion of a cleanup at its former property, which is required by a 
prior consent decree with the State of Missouri.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Wainwright Industries, Inc., D.J. Reference No. 90-
11-3-07637.
    The Consent Decree may be examined at the office of the United 
States Attorney, 111 South 10th Street, Room 20.333, St. Louis, MO 
63102 and at U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 
66101. During the comment period, the Consent Decree may be examined on 
the following Department of Justice Web Site: http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington DC 20044-7611, or by faxing or e-mailing a request 
to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#b6c2d9d8dfd798d0dad3d3c2c1d9d9d2f6c3c5d2d9dc98d1d9c0"><span class="__cf_email__" data-cfemail="24504b4a4d450a4248414150534b4b40645157404b4e0a434b52">[email protected]</span></a>), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $5.75 
(25 cents per page reproduction cost) payable to the United States 
Treasury for payment.

    Dated: November 22, 2004.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-26510 Filed 11-30-04; 8:45 am]
BILLING CODE 4410-15-M


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