[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Page 56792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4901]


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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 28 CFR 50.7 and section 122 of the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9622, the Department of Justice gives notice that a proposed 
Second Amendment to the Consent Decree, in United States v. The Upjohn 
Co. et al., v. ABF Freight System, Inc., et al., Civil No. 1:92-CV-659 
(W.D. Mich.), was lodged with the United States District Court for the 
Western District of Michigan on September 21, 2007, pertaining to the 
West KL Avenue Landfill Superfund Site (the ``Site''), located on West 
KL Avenue, Oshtemo Township, Kalamazoo County, Michigan. The proposed 
Second Amendment to the Consent Decree amends a Consent Decree entered 
by the Court in 1992, and a First Amendment to that Consent Decree 
entered by the Court in 2005, that resolved the United States' civil 
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
against Pharmacia Corp., successor to The Upjohn Company; Kalamazoo 
County; Charter Township of Oshtemo; the City of Kalamazoo 
(collectively, the ``Performing Settling Defendants''); and 219 
additional Third-Party Defendant generators at the Site (all 
defendants, collectively, the ``Settling Defendants'').
    Under the proposed Second Amendment to the Consent Decree, the 
Performing Settling Defendants are obligated to implement a Record of 
Decision (``ROD'') Second Amendment issued by the U.S. Environmental 
Protection Agency (``EPA'') on September 12, 2005 (``2005 ROD 
Amendment''). The 2005 ROD Amendment: (1) Revises the boundary of the 
municipal water service to residences, moving the boundary further 
downgradient to include additional properties that have had Site-
related contaminants detected in their drinking water wells; (2) 
replaces the active pump and treat remedy for the contaminated 
groundwater plume selected by the initial 1990 ROD with Monitored 
Natural Attenuation (``MNA'') and contingent remedies; and (3) replaces 
the 1990 ROD cap design (which included a 2-feet thick clay capping 
layer) with a geosynthetic clay layer, a 40 mil geomembrane liner, a 
geocomposite drainage layer, an 18-inch layer of clean fill, and a 
vegetated 6-inch layer of topsoil.
    Under the proposed Second Amendment to Consent Decree, Plaintiff 
and the Performing Settling Defendants agree to modify the terms of the 
Consent Decree, as provided by Paragraph 85 of the Consent Decree, to 
require the Performing Settling Defendants to implement the provisions 
of the 2005 ROD Amendment. The Settling Defendants other than the 
Performing Settling Defendants are not signatories to the proposed 
Second Amendment to the Consent Decree. The Second Amendment to the 
Consent Decree does not add to or change any of the settlement 
obligations of the Settling Defendants other than the Performing 
Settling Defendants, and none of the settling Third-Party Defendants 
will have any obligations to implement the provisions of the 2005 ROD 
Amendment. Pursuant to the simplified notification procedures of 
Paragraph 85 of the Consent Decree approved by the Court in 2005 under 
the First Amendment to the Consent Decree, the Settling Defendants 
other than the Performing Settling Defendants will not be separately 
notified of the material modifications to the work under the Consent 
Decree required by the 2005 ROD Amendment and the Second Amendment to 
the Consent Decree other than through this Federal Register Notice.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Second Amendment to the 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#5d2d283f3e3230303833297038382e7338332f391d282e393237733a322b"><span class="__cf_email__" data-cfemail="3b4b4e59585456565e554f165e5e48155e55495f7b4e485f5451155c544d">[email protected]</span></a> or mailed to United States Department of Justice, 
P.O. Box 7611, Washington, DC 20044-7611, and should refer to United 
States v. The Upjohn Co. et al., v. ABF Freight System, Inc., et al., 
Civil No. 1:92-CV-659 (W.D. Mich.), and DOJ Reference No. 90-11-2-561.
    The proposed Second Amendment to the Consent Decree may be examined 
at: (1) The Office of the United States Attorney for the Western 
District of Michigan, 330 Ionia Ave. NW., Suite 501, Grand Rapids, MI 
49503, (616-456-2404); and (2) the United States Environmental 
Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604-
3507 (contact: Stuart Hersh (312-886-6235)).
    During the public comment period, the proposed Second Amendment to 
the Consent Decree may also be examined on the following U.S. 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Second Amendment to the Consent 
Decree may also be obtained by mail from the Consent Decree Library, 
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611 or 
by faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#7b0f1415121a551d171e1e0f0c14141f3b0e081f1411551c140d"><span class="__cf_email__" data-cfemail="770318191e1659111b1212030018181337020413181d59101801">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please refer to the referenced case and DOJ Reference Number 
and enclose a check in the amount of $3.00 for the Second Amendment to 
the Consent Decree only (12 pages, at 25 cents per page reproduction 
costs), or $21.00 for the Second Amendment to the Consent Decree and 
all appendices (84 pages), made 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. 07-4901 Filed 10-3-07; 8:45 am]
BILLING CODE 4410-15-M


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