[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31608-31609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2816]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on May 21, 2007, proposed Consent 
Decrees in United States and the State of Indiana v. General Motors 
Corp., et al., Civil Action No. 3:07CV239RL (``Generator Consent 
Decree''), and in United States v. David N. Lindsay, Civil Action No. 
3:07CV240RL (``Lindsay Consent Decree'') were lodged with the United 
States District Court for the Northern District of Indiana, South Bend 
Division.
    In these related actions, the United States sought to recover 
response costs that it had incurred at or in connection with the 
Lakeland Disposal Service, Inc., Superfund Site in Kosciusko County, 
Indiana (the ``Site''), against alleged generators of hazardous waste 
disposed of at the Site (``Generator Consent Decree'') and against Mr. 
David Lindsay, an alleged former owner and operator of the Site 
(``Lindsay Consent Decree''), pursuant to Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a). The United States also sought 
injunctive relief, pursuant to Section 106 of CERCLA, 42 U.S.C. 9606, 
against alleged generators of hazardous waste disposed of at the Site 
(``Generator Consent Decree''), requiring that the alleged generators 
take action to abate conditions at or near the Site that may present an 
imminent and substantial endangerment to the public health or welfare 
or the environment because of actual and threatened releases of

[[Page 31609]]

hazardous substances into the environment at or from the Site. 
Additionally, the United States and the State of Indiana sought 
recovery of damages for injury to, loss of, or destruction of natural 
resources at or near the Site against alleged generators of hazardous 
waste disposed of at the Site (``Generator Consent Decree''), pursuant 
to Section 107(f) of CERCLA, 42 U.S.C. 9607(f).
    The Generator Consent Decree would resolve the United States' cost 
recovery and injunctive relief claims with regard to the Site against 
Settling Defendants under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 
9606 and 9607(a) through Settling Defendants' payment to the Superfund 
of $1.12 million in past response costs through costs through November 
30, 2005, and Settling Defendants' financing and performing the 
remaining work under the Record of Decision to complete the remedy at 
the Site. The Generator Consent Decree would also resolve the United 
States' and the State of Indiana's claim for damages to natural 
resources at or near the Site against Settling Defendants through 
Settling Defendants' Reimbursement of $50,000 in assessment costs 
($35,000 to the U.S. Department of Interior (DOI) and $15,000 to the 
State of Indiana), and payment of $200,000 into the Natural Resource 
Damage Assessment and Restoration Fund to fund DOI and State Co-Trustee 
sponsored restoration projects.
    As a condition of settlement under the Generator Consent Decree, 
Settling Defendants would relinquish all claims or causes of action 
with respect to the Site or natural resource damages against the United 
States or the States of Indiana. In return, the Settling Defendants 
would receive contribution protection and a covenant not to sue from 
the United States under Section 106 and 107(a) with regard to the Site, 
and from the United States and the State of Indiana under Section 
107(f) of CERCLA for natural resource damages at or near the Site, 
Subject to certain reservations of rights.
    The Lindsay Consent Decree would resolve the United States' cost 
recovery claims with regard to the Site against Mr. Lindsay under 
Section 107(a) of CERCLA through a reimbursement to the Superfund of 
$3,000. This payment amount is based upon a documented limited ability 
to pay. As a condition of settlement under the Lindsay Consent Decree, 
Mr. Lindsay would relinquish all claims or causes of action with 
respect to the Site against the United States. In return, Mr. Lindsay 
would receive contribution protection and a covenant not to sue from 
the United States under Section 106 and 107(a) with regard to the Site, 
subject to certain reservations of rights.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Generator Consent Decree and Lindsay Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and either e-mailed to <a href="/cdn-cgi/l/email-protection#6d1d180f0e0200000803194008081e4308031f092d181e090207430a021b"><span class="__cf_email__" data-cfemail="2d5d584f4e4240404843590048485e0348435f496d585e494247034a425b">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611, and should refer to either: United 
States and the State of Indiana v. General Motors Corp., et al., Civil 
Action No. 3:07CV239RL (``generator Consent Decree''), D.J. Ref. 90-11-
3-531A; or United States v. David N. Lindsay, Civil Action No. 
3:07CV240RL (``Lindsay Consent Decree''), D.J. Ref. 90-11-3-531/9.
    The Generator and Lindsay Consent Decrees may be examined at the 
Office of the United States Attorney for the Northern District of 
Indiana, 5400 Federal Plaza, Suite 1500, Hammond, Indiana, and at U.S. 
EPA Region 5, 77 West Jackson Boulevard, 14th Floor, Chicago, Illinois. 
During the public comment period, the Consent Decrees may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the Consent Decrees 
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#04706b6a6d652a6268616170736b6b60447177606b6e2a636b72"><span class="__cf_email__" data-cfemail="7e0a1110171f5018121b1b0a0911111a3e0b0d1a111450191108">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting copies from the Consent Decree 
Library, please enclose a check, payable to the U.S. Treasury, in the 
amount of $16.75 (25 cents per page reproduction cost) for the 
Generator Consent Decree, $6.25 for the Lindsay Consent Decree, or 
$23.00 for copies of both the Generator and Lindsay Consent Decrees, 
or, if by e-mail or fax, forward a check in the applicable 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. 07-2816 Filed 6-6-07; 8:45 am]
BILLING CODE 4410-15-M


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