[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Page 77413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9845]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Solid Waste 
Disposal Act, as Amended by the Resource Conservation and Recovery Act 
of 1976 and the Hazardous and Solid Waste Amendments of 1984

    The United States Department of Justice gives notice that on 
December 18, 2006, a proposed consent decree was lodged in United 
States v. WCI Steel, Inc., Civil Action No. 4:06-CV-03000, in the 
United States District Court for the Northern District of Ohio.
    The consent decree resolves claims of the United States against WCI 
Steel, Inc. (``Reorganized WCI''), the current owner and operator of 
the WCI Steel facility in Warren, Ohio (``Facility''), under Section 
7003 of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste 
Amendments of 1984 (``RCRA''), 42 U.S.C. 6973. The United States' 
complaint alleges that Reorganized WCI has willfully violated, or 
failed or refused to comply with, a RCRA Section 7003 administrative 
order (``Order'') issued by the United States Environmental Protection 
Agency (``U.S. EPA'') to WCI Steel, Inc. (``Debtor WCI''), the prior 
owner and operator of the Facility before its reorganization in 
bankruptcy. The complaint seeks an order from the court requiring that 
Reorganized WCI comply with the Order and to pay penalties for 
violations of the Order since it acquired the Facility through Debtor 
WCI's bankruptcy case on May 1, 2006.
    The proposed consent decree would require Reorganized WCI to 
implement specified measures to reduce risks to birds and wildlife due 
to the management of oily wastes at impoundments at the Facility. In 
addition, under the consent decree, Reorganized WCI would be required 
to pay a civil penalty to the United States in the amount of 
$620,000.00. This penalty would be paid through resolution of claims of 
the United States (set forth in a proof of claim and administrative 
proof of claim) for penalties relating to Debtor WCI's alleged 
violations of the Order submitted in Debtor WCI's bankruptcy case in 
the United States Bankruptcy Court for the Northern District of Ohio 
(In re: WCI Steel, Inc., et al., Case No. 05-81439). The Consent Decree 
would also resolve all claims for civil liability of Debtor WCI to the 
United States for the violations of the Order alleged in the United 
States' claims in the bankruptcy case.
    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, Environment and Natural Resources Division, United 
States Department of Justice, P.O. Box 7611, Ben Franklin Station, 
Washington, DC 20074-7611, and should refer to United States v. WCI 
Steel, Inc., DOJ Ref. 90-5-1-1-5027/1. Commenters may request an 
opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The consent decree may be examined at the Office of the United 
States Attorney for the Northern District of Ohio, United States 
Courthouse, 801 W. Superior Avenue, Suite 400, Cleveland, Ohio 44113 
and at the offices of the United States Environmental Protection 
Agency, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604. During 
the public comment period, the consent decree may also be examined on 
the following Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.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#067269686f6728606a6363727169696246737562696c28616970"><span class="__cf_email__" data-cfemail="4b3f2425222a652d272e2e3f3c24242f0b3e382f2421652c243d">[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 $20.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9845 Filed 12-22-06; 8:45 am]
BILLING CODE 4410-15-M


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