[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Page 26628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12628]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(``CERCLA'')
Notice is hereby given that on April 21, 1998, a proposed Consent
Decree was lodged with the United States District Court for the
Northern District of Iowa in United States v. Foxley Cattle Co., et
al., Civil Action No. C98-4032 DEO, (N.D. Iowa). The proposed Consent
Decree settles claims asserted by the United States at the request of
the United States Environmental Protection Agency (``EPA'') under
Section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C.
9607(a), in a complaint filed concurrently with the lodging of the
proposed Consent Decree. The complaint seeks reimbursement of response
costs incurred and to be incurred by the United States in response to
the release or threatened release of hazardous substances at the Mid-
America Tanning Company Superfund Site, located in Woodbury County,
Iowa.
Under the proposed Consent Decree, defendant Foxley Cattle Company
shall, inter alia, reimburse the EPA Hazardous Substance Superfund
$642,000, plus interest, shall pay $100,000 for payment of Natural
Resource Damages to the United States, and shall conduct and perform
groundwater sampling and analysis at the Site in accordance with an EPA
approved plan. Defendant Andrew M. Hain shall, inter alia, reimburse
the EPA Hazardous Substance Superfund $100,000. In exchange, and
conditioned upon the complete and satisfactory performance of their
obligations under the proposed Consent Decree, the settling defendants
shall receive a covenant not to sue pursuant to Sections 106 and 107(a)
of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of RCRA, 42
U.S.C. 6973, to undertake response actions or to recover response costs
at or in connection with the Site. Foxley also shall receive a covenant
not to sue pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for
Natural Resource Damages related to the Site. In addition, the settling
defendants receive contribution protection under Section 113(f)(2), 42
U.S.C. 9613(f)(2), for matters addressed in the proposed Consent
Decree. The United States reserves the right to pursue the settling
defendants in certain circumstances if previously unknown conditions or
information indicates that response action performed at the Site is not
protective of human health or the environment.
The Department of Justice will receive written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, Washington, D.C. 20503, and
should refer to United States v. Foxley Cattle Co., et al., DOJ #90-11-
2-1185A. The proposed Consent Decree may be examined at the EPA Region
7 Office at 726 Minnesota Ave., Kansas City, KS 66101. 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 (202) 624-0892. In requesting a copy, please enclose a check
in the amount of $10.50 (25 cents per page) payable to the ``Consent
Decree Library''.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-12628 Filed 5-12-98; 8:45 am]
BILLING CODE 4410-15-M
