Pollution control; consent judgments: Clear Lake, IA,

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Federal Register: June 19, 1998 (Volume 63, Number 118)NoticesPage 33709From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr19jn98-102

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. 9622(d)(2), notice is hereby given that a proposed consent decree in United States v. City of Clear Lake, Iowa, Civil Action No. C 983043, was lodged on June 4, 1998 with United States District Court for the Northern District of Iowa, Central Division. In a complaint filed contemporaneously with lodging of the proposed consent decree, the United States alleged that the Defendant City of Clear Lake is liable as an owner at the time of disposal of hazardous substances, and is the current owner of the Clear Lake FMGP Superfund Site located in Cerro Gordo County, Iowa (``Site'') pursuant to Sections 107(a)(1) and (2) of CERCLA, 42 U.S.C. 9607(a)(1) and (2). The Complaint also alleges that Defendants Kansas City Power and Light, and Centel Corporation, are successors to and assumed liability for persons who at the time of disposal of hazardous substances owned and/or operated a facility at the Site at which hazardous substances were disposed, and who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances at the Site, and are liable pursuant to Sections 107(a) (2) and (3) of CERCLA, 42 U.S.C. 9607(a) (2) and (3). The complaint further alleges that the United States incurred costs and may continue to incur costs for response actions at and in connection with the Site.

The proposed consent decree provides that the Defendants shall pay $350,000 to the EPA Hazardous Substance Superfund for Response Costs. The proposed consent decree also provides that the United States covenants not to sue or take administrative action against the Defendants under sections 106, 107 and 113 of CERCLA, 42 U.S.C. 9606, 9607 and 9613 except as specifically provided in the consent decree.

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 for the Environment and Natural Resources Division, Department of Justice, Washington, DC 20530, and should refer to United States v. City of Clear Lake, Iowa, DOJ Ref. 90-11-2-1343.

The proposed consent decree can be examined at the Office of the United States Attorney, Northern District of Iowa, Hach Building, 401 1st Street, SE, Suite 400, Cedar Rapids, Iowa 52401-1825; the Region 7 Office of the Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, Kansas 66101; and at the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed consent decree may be obtained in person or by mail from the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In requesting a copy, please refer to the referenced case and enclose a check in the amount of $8.00 (25 cents per page reproduction costs) payable to the Consent Decree Library. Joel Gross, Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

FR Doc. 98-16390Filed6-18-98; 8:45 amBILLING CODE 4410-15-M

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