[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Notices]
[Page 40390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19006]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
Pursuant to Section 122(d)(2) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9622(d)(2), and 28
CFR 50.7, notice is hereby given that on June 30, 1999, a proposed
Consent Decree in United States v. Bronson Plating Company, et al.
Civil Action No. 1:99-CV-490, was lodged with the United States
District Court for the Western District of Michigan for a period of
thirty days to facilitate public comment.
The settlement embodied in the proposed Consent Decree requires the
settling defendants, Bronson Plating Company, the City of Bronson, ITT
Automotive, Inc., L.A. Darling Company, and The Scott Fetzer Company
(the ``Settling Defendants''), to implement the estimated $4 million
remedy selected by EPA for the first of two operable units for the
North Bronson Industrial Area Site (``Site''), located in Branch
County, Michigan Site. The Settling Defendants also agree to pay the
United States $1,629,114.88 for past response costs through March 31,
1997, as well as future costs of overseeing the implementation of the
remedial action. The remedy for the first operable unit includes
excavating contaminated eastern lagoon soil and sludge and covering
this area with clean soil; dredging sediment from County Drain #30;
consolidating contaminated waste from the eastern lagoons and County
Drain #30 in the western lagoons; covering the western lagoons;
installing a French Drain between the western lagoons and county Drain
#30 to capture contaminated groundwater; and treating contaminated
groundwater in a treatment wetland before discharging the water into
County Drain #30. The selected remedy also includes monitoring
groundwater and surface water quality; placing institutional controls
on the western lagoon area and the treatment wetland; and placing
restrictions on future groundwater use throughout the Site.
The past cost payment includes a settlement with the City of
Bronson (``the City'') based on its ability to pay, which will pay
$118,074 plus interest over a three-year period. The Consent Decree
further includes a settlement of a natural resource damages claim of
the U.S. Department of the Interior (``DOI''), for either a cash
payment of $100,000, plus DOI's assessment costs, or an agreement to
conduct compensatory restoration by acquiring replacement habitat of at
least 20 acres within the State of Michigan, and to pay DOI's oversight
assessment costs.
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 Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to United
States v. Bronson Plating, et al., DOJ No. 90-11-2-1311.
The Consent Decree may be examined at the Office of the United
States Attorney, Western District of Michigan, 330 Ionia Avenue, Grand
Rapids, Michigan 49503, at the Region 5 Office of the United States
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL
60604-3590, and at the Consent Decree Library, 1120 G Street, NW, 3rd
Floor, Washington, DC 20005. A copy of the Consent Decree may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street, NW, 3rd Floor, Washington, DC 20005. In requesting a copy,
please refer to the above-referenced case and enclose a check in the
amount of $22.00 (25 cents per page reproduction cost, without
exhibits) payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 99-19006 Filed 7-23-99; 8:45 am]
BILLING CODE 4410-15-M
