[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Notices]
[Pages 8654-8655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02486]


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DEPARTMENT OF JUSTICE


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

    On January, 29, 2021, the United States lodged a proposed consent 
decree with the United States District Court for the Northern District 
of Illinois in the lawsuit entitled United States v. Chains and Links, 
Inc. et al., Case No. 3:18-cv-50268 (N.D. Ill.). The proposed consent 
decree, if approved by Court after public comment, will fully resolve 
claims of the United States Environmental Protection Agency (``EPA'') 
against two of the four defendants named in the complaint, which seeks 
to recover response costs incurred by EPA in cleaning up a portion of 
the Bautsch Gray Mine Superfund site (``Site'') near Galena, Illinois. 
To resolve claims against them under Sections 106, 107, and 113(g)(2) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9606, 9607(a), and 9613(g)(2), 
the settling defendants--Thomas Wienen and Chains and Links, Inc. 
(``C&L'')--will reimburse the United States for $1,292,000 in response 
costs, which they shall pay in three installments over an 18-month 
period. In addition, the settling defendants must (1) use ``best 
efforts'' to secure the cooperation of a non-settling defendant in 
executing an environmental covenant with respect to a portion of the 
Site that C&L and the non-settling defendant jointly own and (2) pay to 
EPA 75% of the net proceeds if the property is sold after construction 
of the remedy at the Site. The proposed consent decree will provide the 
settling defendants with a ``Covenant Not to Sue,'' under which the 
United States will covenant not to sue or take administrative action 
against the settling defendants pursuant to Sections 106 and 107(a) of 
CERCLA regarding the Site, except as specifically provided in the 
``Reservation of Rights'' clause. The proposed Consent Decree does not 
affect the United States' claims in the amended complaint with respect 
to the two non-settling defendants--West Galena Development, Inc. and 
the Estate of Lois Jean Wienen.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer United States v. Chains and Links, Inc. et al., D.J. 
Ref. No. 90-11-3-10235. All comments must be submitted no

[[Page 8655]]

later than thirty (30) days after the publication date of this revised 
notice. Comments may be submitted either by email or by mail:

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            To submit comments:                     Send them to:
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By email..................................  <a href="/cdn-cgi/l/email-protection#7a0a0f18191517171f140e571f1f09541f14081e3a0f091e1510541d150c"><span class="__cf_email__" data-cfemail="5f2f2a3d3c3032323a312b723a3a2c713a312d3b1f2a2c3b303571383029">[email protected]</span></a>.
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will also provide a paper copy 
of the proposed consent decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $17 (68 pages at 25 cents 
per page reproduction cost) payable to the United States Treasury. For 
a paper copy without the appendices and signature pages, the cost is 
$8.5.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-02486 Filed 2-5-21; 8:45 am]
BILLING CODE 4410-15-P


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