[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Page 68946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27160]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On December 11, 2019, the Department of Justice filed a complaint
and lodged a proposed Consent Decree with the United States District
Court for the Western District of Michigan in the lawsuit entitled
United States of America and the State of Michigan v. NCR Corporation,
Civil Action No. 1:19-cv-01041.
The United States, on behalf of the United States Environmental
Protection Agency (``EPA''), and the State of Michigan (the ``State''),
on behalf Michigan Department of Environment, Great Lakes, and Energy
(``EGLE''), filed suit against NCR Corporation (``NCR'') under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'') for the recovery of response costs and the performance of
response work at the Allied Paper, Inc./Portage Creek/Kalamazoo River
Superfund Site in Michigan (the ``Site''). Under the terms of the
Consent Decree, NCR will perform an estimated $135.7 million in cleanup
work on the Kalamazoo River and the adjacent banks and floodplains. NCR
also will pay $76.5 million to EPA and $6 million to the State for past
and future Site response costs. Further, NCR will pay $27 million
dollars to the Kalamazoo River Natural Resources Trustee Council for
natural resources damages and assessment costs. The Kalamazoo River
Natural Resources Trustee Council includes both state and federal
trustees. The federal trustees include the United States Department of
Interior (acting through the Fish and Wildlife Service) and the
Department of Commerce (acting through the National Oceanic and
Atmospheric Administration). The state trustees include EGLE, the
Michigan Department of Natural Resources, and the Michigan Department
of the Attorney General. The Consent Decree therefore provides a total
estimated value of more than $245 million for cleanup work and
payments.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States of America and the State of Michigan
v. NCR Corporation, D.J. Ref. No. 90-11-2-07912/11. 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 proposed 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 proposed 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 $57.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2019-27160 Filed 12-16-19; 8:45 am]
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