[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25475]
[[Page Unknown]]
[Federal Register: October 19, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to CERCLA
In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.
Sec. 9622(d), notice is hereby given that a proposed Consent Decree in
United States of America v. Smith-Jones, Inc., et al., Civil Action No.
4-92-80417 was lodged on September 29, 1994 with the United States
District Court for the Southern District of Iowa, Central Division.
On July 24, 1992, the United States filed a Complaint pursuant to
Sections 104(e) and 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Secs. 9604(e) and
9607, as amended (``CERCLA'') for civil penalties and reimbursement of
response costs incurred and to be incurred by the United States for
response actions related to the release or threatened release of
hazardous substances at the Midwest Manufacturing/North Farm Superfund
Site which is comprised of two properties: one located in Kellog, Iowa
and the other located two miles north and one-half mile east of Kellog.
An Amended Complaint was filed with the proposed Consent Decree which
adds a claim for injunctive relief for implementation of the remedy
selected by EPA for the Site.
Subsequently, the United States, Smith-Jones, Inc. and Midwest
International, Inc. reached a settlement which resolves the issues set
forth in the Amended Complaint. Under the Consent Decree, the Settling
Defendants will implement the remedy selected by EPA for the Site and
pay the United States $536,300 for past costs incurred for the Site, as
well as all future costs of overseeing the implementation of the
remedial action.
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 Acting
Assistant Attorney General for the Environment and Natural Resources
Division, Department of Justice, Washington, D.C. 20530, and should
refer to United States of America v. Smith-Jones, Inc., et al., DOJ
Ref. No. 90-11-2-651.
The proposed Consent Decree may be examined at the office of the
United States Attorney, 115 United States Courthouse, East First and
Walnut Streets, Des Moines, Iowa 50309; the Region VII Office of the
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City,
Kansas 66101; and at the Consent Decree Library, 1120 G Street, N.W.,
4th Floor, Washington, D.C. 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, N.W., 4th Floor, Washington,
D.C. 20005. In requesting a copy please refer to the referenced case
and enclose a check in the amount of $18.25 (25 cents per page
reproduction costs), payable to the Consent Decree Library.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-25475 Filed 10-18-94; 8:45 am]
BILLING CODE 4410-01-M
