[Federal Register: December 2, 1999 (Volume 64, Number 231)]
[Notices]               
[Page 67587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de99-55]                         

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DEPARTMENT OF JUSTICE

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

    In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. 
9622(d)(2), notice is hereby given that on November 9, 1999, a proposed 
consent decree in United States v. N.L. Industries, et al. C.A. No. 91-
CV578-JLF (S.D. Ill.), was lodged with the United States District Court 
for the Southern District of Illinois. The proposed consent decree 
would resolve pending claims of the United States against certain 
defendants in the above-referenced action (Johnson Controls, Inc., 
Lucent Technologies, Inc., Exide Corporation, AlliedSignal, Inc., G & B 
Technology, and General Battery, Inc.) (``Settling Defendants''). The 
proposed Consent Decree would not resolve pending claims against 
defendants NL Industries, Inc., Ace Scrap Metal Processors, Inc. and 
St. Louis Lead Recyclers.
    The above-referenced civil action, which relates to the NL 
Industries/Taracorp Superfund Site located in Granite City, Madison, 
and Venice, Illinois (``the Site''), was commenced by the United States 
in July 1991. The Compliant sought injunctive relief requiring the 
performance of remedial actions at the Site in accordance with an 
Administrative Order issued by U.S. EPA pursuant to Section 106 of 
CERCLA, 42 U.S.C. 9606, recovery of response costs incurred and to be 
incurred by the United States at the Site, and civil penalties and 
punitive damages for the defendant's failure to comply with the 
Administrative Order.
    The proposed consent decree would require the Settling Defendants 
to: complete the remedial action selected by the Environmental 
Protection Agency (``EPA'') for the Site; pay to the EPA Hazardous 
Substance Superfund $8,970,000 in reimbursement of past response costs, 
as well as 50% of $1,420,000 in unresolved response costs currently 
subject to audit that are deemed proper and correct by the audit and 
approved by EPA; pay ``Future Response Costs,'' including costs of 
overseeing response actions at the Site; pay to the EPA Hazardous 
Substance Superfund a civil penalty of $400,000 for failure to comply 
with EPA's Administrative Order; and complete a supplemental 
environmental project consisting of conducting a lead paint abatement 
program in Madison County, for a total expenditure of not less than 
$2,000,000.
    Under the proposed Consent Decree, the United States would provide 
the Settling Defendants a covenant not to sue under Sections 106 and 
107(a) of CERCLA and Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973, for the Site, subject to 
certain reservations and reopeners.
    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, 
United States Department of Justice, P.O. Box 7611, Ben Franklin 
Station, Washington, DC 20044-7611, and should refer to United States 
v. N.L. Industries, et al., C.A. No. 91-CV578-JLF (S.D. Ill.), and the 
Department of Justice Reference No. 90-11-3-608A. Interested persons 
may also request an opportunity for a public hearing in the affected 
area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
Sec. 6973(d), by contacting Larry Johnson (EPA Region 5) at (312) 886-
6609.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Southern District of Illinois, Nine 
Executive Drive, Suite 300, Fairview Heights, IL 62208, and the Region 
5 Office of the United States Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590. A copy of the proposed 
Consent Decree may be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-7611. In 
requesting a copy, please refer to DJ #90-11-3-608A, and enclose a 
check in the amount of $24.25 (97 pages at 25 cents per page for 
reproduction costs) if requesting the consent decree only or $354.00 
(1,418 pages at 25 cents per page for reproduction costs) if requesting 
the consent decree and all appendices. Make checks payable to the 
Consent Decree Library.
Joel M. Gross, Chief
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 99-31242 Filed 12-1-99; 8:45 am]
BILLING CODE 4410-15-M