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

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Published

March 17, 2022

Issuing agencies

Justice Department

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<title>Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)</title>
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[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Page 15267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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............................  <a href="/cdn-cgi/l/email-protection#e5959087868a8888808b91c8808096cb808b9781a59096818a8fcb828a93"><span class="__cf_email__" data-cfemail="e2929780818d8f8f878c96cf878791cc878c9086a29791868d88cc858d94">[email&#160;protected]</span></a>.
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: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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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