[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Notices]
[Page 33709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16390]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. 
9622(d)(2), notice is hereby given that a proposed consent decree in 
United States v. City of Clear Lake, Iowa, Civil Action No. C 98 3043, 
was lodged on June 4, 1998 with United States District Court for the 
Northern District of Iowa, Central Division. In a complaint filed 
contemporaneously with lodging of the proposed consent decree, the 
United States alleged that the Defendant City of Clear Lake is liable 
as an owner at the time of disposal of hazardous substances, and is the 
current owner of the Clear Lake FMGP Superfund Site located in Cerro 
Gordo County, Iowa (``Site'') pursuant to Sections 107(a)(1) and (2) of 
CERCLA, 42 U.S.C. 9607(a)(1) and (2). The Complaint also alleges that 
Defendants Kansas City Power and Light, and Centel Corporation, are 
successors to and assumed liability for persons who at the time of 
disposal of hazardous substances owned and/or operated a facility at 
the Site at which hazardous substances were disposed, and who by 
contract, agreement, or otherwise arranged for disposal or treatment, 
or arranged with a transporter for transport for disposal or treatment, 
of hazardous substances at the Site, and are liable pursuant to 
Sections 107(a) (2) and (3) of CERCLA, 42 U.S.C. 9607(a) (2) and (3). 
The complaint further alleges that the United States incurred costs and 
may continue to incur costs for response actions at and in connection 
with the Site.
    The proposed consent decree provides that the Defendants shall pay 
$350,000 to the EPA Hazardous Substance Superfund for Response Costs. 
The proposed consent decree also provides that the United States 
covenants not to sue or take administrative action against the 
Defendants under sections 106, 107 and 113 of CERCLA, 42 U.S.C. 9606, 
9607 and 9613 except as specifically provided in the consent decree.
    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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. City of Clear Lake, Iowa, DOJ Ref. 90-11-2-1343.
    The proposed consent decree can be examined at the Office of the 
United States Attorney, Northern District of Iowa, Hach Building, 401 
1st Street, SE, Suite 400, Cedar Rapids, Iowa 52401-1825; the Region 7 
Office of the Environmental Protection Agency, 726 Minnesota Avenue, 
Kansas City, Kansas 66101; and at the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of 
the proposed consent decree may be obtained in person or by mail from 
the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, 
DC 20005. In requesting a copy, please refer to the referenced case and 
enclose a check in the amount of $8.00 (25 cents per page reproduction 
costs) payable to the Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-16390 Filed 6-18-98; 8:45 am]
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