[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Notices]
[Pages 17213-17214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9140]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to Comprehensive
Environmental Responses, Compensation, and Liability Act (CERCLA)
In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.
9622(d)(2), notice is hereby given that on April 1, 1998, a proposed
Consent Decree was lodged by the United States in United States v.
Marvin E. Prochnow, et al., Civil No. 95-C-0962, with the United States
District Court for the Eastern District of Wisconsin. The proposed
Consent Decree resolves the United States' pending cost-recovery claims
under Section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, relating
to the Marvin Prochnow Landfill Site (the ``Site'') located in
Cedarburg, Wisconsin. The Consent Decree also resolves the Defendants'
[[Page 17214]]
crossclaims against each other and the Defendants' counterclaims
against the United States Postal Service, for contribution under CERCLA
Section 113(f), 42 U.S.C. 9613(f).
In 1992, the United States Environmental Protection Agency
(``EPA'') conducted a removal action to address the threat from the
presence of vinyl chloride, a carcinogen, in drinking-water wells near
the Site. The removal action included the delivery of bottled water and
air strippers, and the installation of a water line to connect
residences and businesses to municipal water, at a cost of
approximately $500,000. The United States' current unrecovered costs,
including prejudgment interest, enforcement costs and other costs
associated with EPA's removal, total approximately $700,000.
At a Court-ordered mediation proceeding in August 1997, the five
Defendants agreed to pay $545,000 into an interest-bearing Court
repository account by October 15, 1997, with $5,000 to be paid by the
United States Postal Service after entry of a consent decree to EPA,
for a total payment of $550,000 for the costs of the removal. The
proposed Consent Decree memorializes this agreement, and also provides
for Mr. Prochnow's land that is adjacent to the landfill to be sold at
the direction of the Defendants, which will be Mr. Prochnow's share of
the costs to be paid by the Defendants. The Defendants plan to use any
proceeds from the sale of that realty to defray costs associated with
the proper closure of the Site.
The Department of Justice will receive comments concerning the
proposed Consent Decree for a period of thirty (30) days from the date
of this publication. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, U.S.
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,
D.C. 20044, and should refer to United States v. Marvin E. Prochnow, et
al., DOJ Number 90-11-2-1118.
The proposed Consent Decree may be examined at any of the following
offices: (1) the Office of the United States Attorney, Eastern District
of Wisconsin, Federal Building, Room 530, 517 East Wisconsin Avenue,
Milwaukee, Wisconsin (414) 297-1700; (2) the U.S. Environmental
Protection Agency, Region 5, 77 W. Jackson Blvd. Chicago, Illinois
60604, (312) 886-6842; and (3) the Consent Decree Library, 1120 G
Street, NW, 4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies
of the proposed Decree may be obtained by mail from the Consent Decree
Library, 1120 G Street, NW, 4th Floor, Washington, D.C. 20005. for a
copy of the Consent Decree please enclose a check for $8.25 ($.25 per
page reproduction charge) payable to ``Consent Decree Library.''
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment & Natural
Resources.
[FR Doc. 98-9140 Filed 4-7-98; 8:45 am]
BILLING CODE 4410-15-M
