Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

CourtJustice Department
Citation87 FR 15267
Published date17 March 2022
Record Number2022-05579
Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
                [Notices]
                [Page 15267]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05579]
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                DEPARTMENT OF JUSTICE
                Notice of Lodging of Proposed Consent Decree Under the
                Comprehensive Environmental Response, Compensation, and Liability Act
                 On March 3, 2022, the Department of Justice lodged a proposed
                consent decree with the United States District Court for the Northern
                District of Indiana in the lawsuit entitled United States and State of
                Indiana v. Northern Indiana Public Service Company, LLC, Civil Action
                No. 2:22-cv-48.
                 The United States and the State of Indiana (the ``State'') filed a
                complaint in this lawsuit under the Comprehensive Environmental
                Response, Compensation, and Liability Act (CERCLA). The United States
                and the State's complaint names Northern Indiana Public Service
                Company, LLC (``NIPSCO''), as the defendant. The complaint requests
                recovery of costs that the United States and the State incurred
                responding to releases of hazardous substances at the Town of Pines
                Superfund Site (``the ``Site'') in Porter County, Indiana. The
                complaint also seeks injunctive relief. The United States, the State,
                and NIPSCO signed the consent decree to resolve the claims in the
                complaint. NIPSCO agrees to pay $619,632.16 of the United States'
                response costs already incurred, to pay for the United States' and the
                State's costs to be incurred, and to perform the remedial action that
                EPA selected for the Operable Unit 2 portion of the Site at an
                estimated cost of $11.8 million. In return, the United States and the
                State of Indiana agree not to sue the defendant under sections 106 and
                107 of CERCLA for work done under the consent decree and for Past
                Response Costs and Future Response Costs as defined by the decree.
                 The publication of this notice opens a period for public comment on
                the consent decree. Comments should be addressed to the Assistant
                Attorney General, Environment and Natural Resources Division, and
                should refer to United States and State of Indiana v. Northern Indiana
                Public Service Company, D.J. Ref. No. 90-11-3-12060. All comments must
                be submitted no later than thirty (30) days after the publication date
                of this notice. Comments may be submitted either by email or by mail:
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                 To submit comments: Send them to:
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                By email............................ [email protected].
                By mail............................. Assistant Attorney General, U.S.
                 DOJ--ENRD, P.O. Box 7611,
                 Washington, DC 20044-7611.
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                 During the public comment period, the consent decree may be
                examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
                the consent decree upon written request and payment of reproduction
                costs. Please mail your request and payment to: Consent Decree Library,
                U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
                 Please enclose a check or money order for $53 (25 cents per page
                reproduction cost) payable to the United States Treasury. For a paper
                copy without the appendices, the cost is $13.
                Patricia Mckenna,
                Assistant Section Chief, Environmental Enforcement Section, Environment
                and Natural Resources Division.
                [FR Doc. 2022-05579 Filed 3-16-22; 8:45 am]
                BILLING CODE 4410-15-P
                

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