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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 
[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Notices]
[Page 2186]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja05-126]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on January 3, 2005, a proposed Consent 
Decree in United States of America v. Weyerhaeuser Company, Civil 
Action No. 1:05CV0003, was lodged with the United States District Court 
for the Western District of Michigan.
    In this action the United States sought to recover from 
Weyerhaeuser environmental response costs in connection with a landfill 
and paper mill at the Allied Paper/Portage Creek/Kalamazoo River 
Superfund Site in Kalamazoo and Portage Counties, Michigan (the 
``Site''). In addition, the United States sought a judgment declaring 
that the Defendant is liable for any further response costs that the 
United States may incur as a result of releases or threatened releases 
of hazardous substances at the landfill and paper mill. The Consent 
Decree provides that Weyerhaeuser shall, inter alia, (1) (1) perform 
the remedy selected by EPA for the landfill area, and investigate and 
perform the subsequently-selected remedy for the mill property, using 
at least in part $6.2 million obtained from a bankruptcy settlement; 
(2) pay all of EPA's costs of overseeing the work; (3) pay 
approximately $138,000 towards EPA's past costs and $6.2 million into a 
special account that will be available to EPA to fund remedial 
investigations and work in the Kalamazoo River, and (4) withdraw its 
objections to a bankruptcy settlement and its pending appeals from the 
approval of that settlement.
    The Department of Justice will receive for a period of fifteen (15) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States of America v. Weyerhauser Company, D.J. Ref. 90-11-2-
07912/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Michigan, 5th Floor, The Law 
Building, 330 Iona Ave., Grand Rapids, MI 49503, and at the offices of 
the U.S. Environmental Protection Agency, Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604. During the public comment period, the Consent 
Decree, may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. Exit Disclaimer A copy of the Consent 
Decree may also be obtained by mail from the Consent Decree Library, P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose check in the amount of $31.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-642 Filed 1-11-05; 8:45 am]
BILLING CODE 4410-15-M

 
 

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