E8-10389. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Notice is hereby given that on May 5, 2008, a proposed consent decree in United States v. Daniel Rapier et al., Civil Action No. 06cv1686, was lodged with the United States District Court for the Southern District of Indiana.

In this cost recovery action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607, the United States sought recovery of unreimbursed past response costs and prejudgment interest incurred by the United States Environmental Protection Agency at the Laurel Stone Church Road Superfund Site located near Laurel in Franklin County, Indiana. Under the proposed consent decree, Franklin County, Indiana, Gale Hornsby, and Juanita Hornsby will pay a total of $350,000 to the Hazardous Substance Superfund. This amount was determined based on the Hornsbys' ability to pay a judgment as calculated by a Department of Justice financial analyst, and the County's ability to pay a judgment as calculated by an independent financial analyst hired by the Department of Justice. In addition, under the proposed consent decree Daniel Rapier and Naomi Rapier will pay a total of $45,000 to the Hazardous Substance Superfund.

The Department of Justice will accept comments relating to the proposed consent decree for a period of thirty (30) days from the date of publication of this notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to [e-mail] or in hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. Comments should refer to United States v. Daniel Rapier et al., Civil No. 06cv1686 (S.D. Ind.) and D.J. Reference No. 90-11-3-08896. The proposed consent decree may be examined at: (1) The Office of the United States Attorney for the Southern District of Indiana, 10 W Market St., Suite 2100, Indianapolis, IN 46204, [phone]; and (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact Jeffrey A. Cahn (312-886-6670)). During the comment period, the proposed consent decree may also be examined on the following Department of Justice Web site: http://www.usdoj.gov/​enrd/​Consent_​Decree.html.

A copy of the proposed consent decree may also be obtained by mail from the Department of Justice Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ([e-mail]), fax no. [phone], phone confirmation number [phone]. In requesting a copy from the Consent Decree Library, please refer to the referenced case and D.J. Reference No. 90-11-3-08896, and enclose a check in the amount of $7 for the consent decree (28 pages at 25 cents per page reproduction costs), made payable to the U.S. Treasury.

William D. Brighton,

Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division.