[Date Prev][Date Next][Date Index]

GLIN==> Waukegan, IL and Outboard Marine



This is an important consent decree on an important issue
that deserves careful attention and review by Great Lakes advocates
to determine whether it is stringent enough.....the longtime
Waukegon, IL/Outboard Marine PCB problem.

=============================


[Federal Register: April 14, 2005 (Volume 70, Number 71)] [Notices] [Page 19784-19785] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14ap05-67]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on March 31, 2005, a proposed
Supplemental Consent Decree, in United States, et al., v. Outboard
Marine Corp., et al., Civil No. 88-C-8571 (N.D. Ill.), was lodged with
the United States District Court for the Northern District of Illinois,
pertaining to the Outboard Marine Corporation (``OMC'') Superfund Site
(the ``Site''), located in Waukegan, Lake County, Illinois.
    The Supplemental Consent Decree among the United States on behalf
of the U.S. EPA, the State of Illinois (the ``State'') (collectively,
``Government Plaintiffs'') and the City of Waukegan, Illinois (the
``City'') under the Comprehensive Environmental Response, Compensation
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601-9675; the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-
6992k; the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.;
and other authorities, resolves the potential liability of the City,
which has petitioned for leave of Court to intervene as Defendant, and
its successors, assigns and transferees, for Existing Contamination at
a portion (the ``Property'') of the Site, located in Waukegan, Lake
County, Illinois. The proposed settlement, incorporating aspects of a
prospective purchaser agreement, is captioned as a Supplemental Consent
Decree in this case brought in 1988 against OMC, which is currently in
Chapter 7 bankruptcy proceedings initiated in December 2000 in
Bankruptcy Court for the Northern District of Illinois.
    This civil action was initially brought by the United States and
the State of Illinois in 1988 against OMC under CERCLA and other
authorities, in connection with releases and threatened releases of
hazardous substances at the OMC Site, including the Property. On or
about May 1, 1989, the Court entered a Consent Decree and Order
resolving the Government Plaintiffs' claims against OMC. Under that
Consent Decree, OMC completed design, remediation and restoration
activities in 1995 to address polychlorinated biphenyl compounds
(``PCB'') contamination in the Waukegan Harbor, lagoons, ditches and
other areas around portions of the OMC Site, including the Property,
pursuant to a Record of Decision issued by U.S. EPA under CERCLA. OMC
performed operation and maintenance (``O&M'') of the Waukegan Harbor
PCB remedy under the 1989 Consent Decree until January 2001, shortly
after filing for bankruptcy.
    Under the Supplemental Consent Decree, the City, after acquiring
the Property, will finance and perform major aspects of the O&M of the
Waukegan Harbor PCB Remedy, perform certain maintenance measures for
Plant 2, a building structure on the Property, and implement
institutional controls relating to the Property. The City will receive
a covenant not to sue under Sections 106 and 107(a) CERCLA, 42 U.S.C.
9606 and 9607(a)--excluding natural resource damages--and certain
provisions of RCRA, the Toxic Substances Control Act, 15 U.S.C. 2601-
2692, the Clean Water Act, 33 U.S.C. 1251-1387, the Illinois
Environmental Protection Act, 415 ILCS 5/1 et seq., Section 13 of the
River and Harbors Act of 1899, 33 U.S.C. 407, the Illinois Public
Nuisance Act, 415 ILCS 5/47-5 et

[[Page 19785]]

seq. and common law nuisance with respect to the Existing Contamination
at the property.
The United States and the State reserve their rights against the
City for, among other things, failure to meet requirements of the
Supplemental Consent Decree, exacerbation of Existing Contamination,
and claims relating to any lien provisions of Section 107 of CERCLA, 42
U.S.C. 9607. The Supplemental Consent Decree terms anticipate that the
City intends to develop the Property as part of a multi-parcel
Brownfields initiative for the Waukegan Harbor area.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Supplemental Consent Decree. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, United States Department of Justice, P.O. Box 7611,
Washington, DC 20044-7611, and should refer to United States et al., v.
Outboard Marine Corp. et al., Civil No. 88-C-8571 (N.D. Ill.), and DOJ
Reference No. 90-11-3-07051/3. Commenters may request an opportunity
for a public meeting in the affected area, in accordance with Section
7003(d) of RCRA, 42 U.S.C. 6973(d).
The proposed Supplemental Consent Decree may be examined at: (1)
The Office of the United States Attorney for the Northern District of
Illinois, U.S. Courthouse, 1500 South, Everett McKinley Dirksen Bldg.,
219 South Dearborn St., Chicago, IL 60604 (312-353-1994); and (2) the
United States Environmental Protection Agency (Region 5), 77 West
Jackson Blvd., Chicago, IL 60604-3507 (contact: Thomas Martin (312-886-
4273)).
During the public comment period, the proposed Supplemental Consent
Decree may also be examined on the following U.S. Department of Justice
Web site, <A HREF="http://www.usdoj.gov/enrd/open.html";>http://usdoj.gov/enrd/open.html</A>. A copy of the
porposed Supplemental Consent Decree may also be obtained by mail from
the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611,
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (<A HREF="mailto:tonia.fleetwood@usdoj.gov";>tonia.fleetwood@usdoj.gov</A>), fax no. (202) 514-0097, phone
confirmation no. (202) 514-1547. In requesting a copy, please refer to
the referenced case and DOJ reference Number and enclose a check in the
amount of $10.50 for the Supplemental Consent Decree only (42 pages, at
25 cents per page reproduction cost), or $76.50 for the Supplemental
Consent Decree and all appendices (306 pages), made payable to the U.S.
Treasury.


W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 05-7468 Filed 4-13-05; 8:45 am]
BILLING CODE 4410-15-M

------------------------------------------


========================================== Alex J. Sagady & Associates http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
==========================================


* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * glin-announce is hosted by the Great Lakes Information Network (GLIN): http://www.great-lakes.net

To subscribe: http://www.glin.net/forms/glin-announce_form.html

To post a message: http://www.glin.net/forms/glin-announce_post.html

To search the archive: http://www.glin.net/lists/glin-announce/

All views and opinions presented above are solely those of the author or
attributed source and do not necessarily reflect those of GLIN or its
management.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *