[Federal Register: October 7, 2004 (Volume 69, Number 194)]
[Notices]
[Page 60189-60190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc04-70]
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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
First 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 10, 2004, pertaining to the
West KL Avenue Landfill Superfund Site (the ``Site''), located on West
KL Avenue, Oshtemo Township, Kalamazoo County, Michigan. The proposed
First Amendment to the Consent Decree amends a Consent Decree entered
by the Court in 1992 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 Kalmazoo (collectively, the
``Performing Settling Defendants''); and 219 additional Third-Party
Defendant generators at the Site (all defendants, collectively, the
``Settling Defendants'').
Under the proposed First Amendment to the Consent Decree, the
Performing Settling Defendants are obligated to implement a Record of
Decision (``ROD'') Amendment, issued by the U.S. Environmental
Protection Agency (``EPA'') on February 27, 2003, of a 1990 ROD for the
Site. The ROD Amendment requires the establishment of a new municipal
water service zone or alternative institutional controls around a newly
discovered area of groundwater contamination and a buffer zone within a
determined area extending beyond the contamination, in which every
property in the zone will be hooked up to the City of Kalmazoo's
municipal water system, and in which groundwater use will be
restricted. The ROD Amendment revises the groundwater cleanup standards
established in the original 1990 ROD, replacing the Michigan Act 307
type B standards with the current residential standards established
under Part 201 of the Natural Resources and Environmental Protection
Act, 1994 PA 451, as amended (formerly known as Michigan Act 307). The
ROD Amendment also provides for the continuation of natural attenuation
studies and calls for the preparation of the landfill cap design to
continue while those studies are underway.
Under the proposed First 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 February 27, 2003 ROD Amendment. The Settling Defendants other
than the Performing Settling Defendants are not signatories to the
proposed First Amendment to the Consent Decree. However, the First
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
February 27, 2003 ROD Amendment.
To facilitate future modifications to the Consent Decree regarding
implementation of the Work, if any, the First Amendment to the Consent
Decree also effectively modifies the provisions of Paragraph 85 in the
Consent Decree so that notification to the Settling Defendants other
than the Performing Settling Defendants for any future material
modifications to the Work under the Consent Decree will not be
required.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed First Amendment to the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, United States Department of Justice, PO Box 7611,
Washington, DC 20044-7611, and should refer to United States v. The
Upjohn Co. et. a., 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 First 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 First Amendment to
the Consent Decree may also be examined on the following U.S.
Department of Justice Web site, http://usdoj.gov/enrd/open.html. A copy
of the proposed First Amendment to the Consent Decree may also be
obtained by mail from the
[[Page 60190]]
Consent Decree Library, U.S. Department of Justice, PO Box 7611,
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov), fax no (202) 514-0097, phone
confirmation no. (202) 514-1547. In requesting a copy, please refer to
the referenced case and DOJ Reference Number and enclose a check in the
amount of $2.50 for the First Amendment to the Consent Decree only (10
pages, at 25 cents per page reproduction costs), or $13.25 for the
First Amendment to the Consent Decree and all appendices (53 pages),
made payable to the Consent Decree Library.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-22527 Filed 10-6-04; 8:45 am]
BILLING CODE 4410-15-M