[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Page 32125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12731]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on April 18, 2000, a 
proposed Consent Decree in United States v. Scott County Sportsmen's 
Association, Case No. 30-00-CV-10052 (S.D. Iowa) was lodged with the 
United States District Court for the Southern District of Iowa, 
Davenport Division. The Consent Decree settles claims by the United 
States, against Scott County Sportsmen's Association (SCSA) under 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA), 42 U.S.C. 9607. The Complaint of the United 
States seeks past and future CERCLA response costs incurred by EPA in 
connection with the Nahant Marsh Superfund Site (the Site) and for 
damages for injuries to natural resources at the Site as determined by 
the Department of the Interior (Interior), the Natural Resource 
Trustee. Defendant SCSA owned property on the Site and used it for 
target and skeet shooting, resulting in releases of lead, a hazardous 
substance.
    The Consent Decree requires SCSA to record a conservation easement 
for its 78-acre property at the Site in favor of the Iowa Natural 
Heritage Foundation (INHF) for preservation of the land as a reserve 
for wildlife and to prevent residential, commercial and industrial 
development of the land. The SCSA is required to transfer ownership of 
its property at the Site to the City of Davenport, Iowa (the City), and 
notify EPA of the transfer. All proceeds from the sale of the Property 
will be paid to the United States. The City agrees to pay the purchase 
price of $86,000 to EPA (which will receive $81,000) and to Interior 
(which will receive $5,000) pursuant to a proposed Agreement and 
Covenant Not to Sue, or Prospective Purchaser Agreement, entered into 
between the United States and the City. Under the terms of the 
Prospective Purchaser Agreement, the City will also place a restrictive 
covenant on the land that restricts residential development.
    In exchange for its commitments under the Consent Decree, Defendant 
SCSA will receive a covenant not to sue pursuant to Sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 AND 9607(a), for response actions and 
response costs relating to the Site. Defendant SCSA will also receive a 
covenant not to sue for natural resource damages under CERCLA.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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. 
Scott County Sportsmen's Association, Case No. 3-00-CV-10052 (S.D. 
Iowa), D.J. Ref. No. 90-11-2-1372/1.
    The Consent Decree may be examined at the office of the United 
States Attorney for the Southern District of Iowa, U.S. Courthouse 
Annex, 110 East Court Avenue, Suite 286, Des Moines, Iowa 50309. The 
Consent Decree may also be examined at the office of Region VII of the 
U.S. Environmental Protection Agency, 726 Minnesota Avenue, Kansas 
City, Kansas 66101. A copy of the Consent Decree may also be obtained 
by mail from the Department of Justice Consent Decree Library, P.O. Box 
7611, Washington, DC 20044. In requesting a copy, please enclose a 
check in the amount of $15.00 (with exhibits) (25 cents per page 
reproduction cost) payable to the Consent Decree Library. If requesting 
a copy of the Consent Decree exclusive of exhibits, please enclose a 
check in the amount of $7.50 (25 cents per page reproduction cost) 
payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environmental and Natural 
Resources Division.
[FR Doc. 00-12731 Filed 5-19-00; 8:45 am]
BILLING CODE 4410-15-M