[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Notices]
[Pages 10596-10597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6097]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Order Modifying Amended Consent Decress
Pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9622(I)
Notice is hereby given that a proposed order modifying the Amended
Consent Decree in United States v. Elmer Burrows, et al., Civil Action
No. K88-128CA8, was lodged on February 23, 1996 with the United States
District Court for the Western District of Michigan. The proposed
modification of the Amended Consent Decree changes the cleanup
standards for chromium in groundwater in connection with the remedial
action at the Burrows Sanitation Site in Hartford Township, Van Buren
County, Michigan, pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9101 et seq.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Order. Comments should be addressed to the Assistant Attorney
General for the Environment and Natural Resources Division, Department
of Justice,
[[Page 10597]]
Washington, D.C. 20530, and should refer to United States v. Elmer
Burrows, et al., DOJ Ref. #90-11-2-223.
The proposed Order Modifying Amended Consent Decree may be examined
at the office of the United States Attorney, Room 399, Federal
Building, 110 Michigan, NW, Grand Rapids, Michigan, 49503; the Region 5
Office of the Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604; 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 Order Modifying Amended 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 $1.00 (25 cents per page reproduction costs), payable to the Consent
Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
United States District Court for the Western District of Michigan
United States of America, Plaintiff/Counter-Defendant, v. Elmer
Burrows d/b/a Burrows Sanitation and Auto Specialties Manufacturing
Company, Defendants, and Duane Funk, Evelyn Funk, Douglas Mackinder,
Georgia Mackinder, Du-Wel Products, Inc., Du-Wel Hartford, Inc., and
Whirlpool Corporation, Defendants/Counter-Plaintiffs. Hon. Benjamin
Gibson, File No. K88-128CA8.
Charles E. Barbieri,
(P31793)
Attorney for Defendant Du-Wel Products, Inc., 313 S. Washington
Square, Lansing, Michigan 48933, Telephone: (517) 372-8050
Order Modifying Amended Consent Decree
At a session of said Court, held in the District Court Rooms,
Western District of Michigan, City of Grand Rapids, State of Michigan,
on the ____ day of ________, 1994.
Present: Honorable Benjamin Gibson, District Judge.
This Court having reviewed the Joint Motion of Plaintiff, United
States of America, and Defendant, Du-Wel Products, Inc., to Modify
Amended Consent Decree entered July 20, 1992, and the Supporting Brief;
this Court finding that the parties to the Amended Consent Decree have
consented to the requested modification in the Joint Motion, and this
Court, being fully advised in the premises;
It is hereby ordered and Adjudged, that the Amended Consent Decree
entered dated July 20, 1992, be amended as follows:
11.A. Settling Defendants shall perform the Work required herein so
that the concentrations of chemicals of concern in the groundwater do
not exceed the Safe Drinking Water Act Maximum Contaminant Levels
(MCLs), Maximum Contaminant Level Goals (MCLGs), whichever is lower, or
Water Quality Criteria for Protection of Human Health due to Ingestion
of Drinking Water, where no MCLs or MCLGs exist. These Groundwater
Cleanup Standards for the chemicals of concern are as follows:
Chromium--100 UG/L
Copper--1,000 UG/L
Lead--20 UG/L
Nickel--150 UG/L
Zinc--5,000 UG/L.
Extraction and off-site treatment and disposal of the groundwater
is required to achieve the Groundwater Cleanup Standards and shall be
implemented by Settling Defendants according to the schedule set forth
in the Amended RAP. Settling Defendants shall, once Groundwater Cleanup
Standards have been achieved, extract and treat and dispose of one
additional volume of groundwater equal to that pumped to achieve the
Groundwater Cleanup Standards, as required above, or, in the
alternative, Settling Defendants may undertake an alternative to
extracting and treating and disposing of one additional volume of
groundwater equal to that pumped to achieve the Groundwater Cleanup
Standards that is acceptable to and approved in writing by U.S. EPA. In
any event, Settling Defendants shall continue to extract groundwater
and to treat and dispose of the same off-site as required above unless
and until U.S. EPA approves in writing an alternative to extracting and
treating and disposing of one additional volume of groundwater equal to
that pumped to achieve the Groundwater Cleanup Standards, as required
above.
It is further ordered that Table 2-1 on page 2-2 of the Amended
Remedial Action Plan, which is part of the Amended Consent Decree
entered by the Court on July 20, 1992, be amended as follows:
Groundwater Clean-up Standards
[Concentrations reported in UG/L.]
------------------------------------------------------------------------
Groundwater clean-
Indicator chemical up standards a
------------------------------------------------------------------------
Chromium............................................. 100
Copper............................................... 1,000
Lead............................................. 20
Nickel............................................... b 150
Zinc............................................. 5,000
------------------------------------------------------------------------
a Based on SDWA MCLs, MCLGs, and proposed MCLGs.
b No MCL or MCLG established. Criteria based on Office of Drinking Water
Health Advisory.
It is so ordered.
Benjamin Gibson,
U.S. District Judge.
[FR Doc. 96-6097 Filed 3-13-96; 8:45 am]
BILLING CODE 4410-01-M
