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[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Notices]               
[Page 54593]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc09-85]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act ``CERCLA''

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a Consent Decree in United States v. Cabot 
Corporation et al., with Cabot Corporation; Carpenter Technology 
Corporation; Ford Motor Company; International Flavors and Fragrances, 
Inc.; Johnson Matthey, Inc.; R[uuml]tgers Organics Corporation; 
Spectraserv, Inc., f/k/a Modern Transportation and A&S Transportation 
Co.; Waste Management of New Jersey, Inc.; CWM Chemical Services, LLC; 
and Spiral Metal Company, Inc. (hereinafter referred to as ``Settling 
Defendants'') at the Evor Phillips Leasing Superfund Site (``Site''). 
Civil No.3:09-cv-5263, was lodged on October 15, 2009, with the United 
States District Court for the District of New Jersey.
    The Consent Decree resolves claims for response costs and 
injunctive relief against Settling Defendants, under the Sections 106, 
107 and 113 of the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended, (``CERCLA''), 42 U.S.C. 9601, et 
seq. and regulations promulgated thereunder. In this action, the United 
States seeks injunctive relief requiring defendants to perform the 
response actions selected in EPA's Record of Decision (``ROD'') for 
Operable Unit 2 (``OU2'') at the Site, located on Old Waterworks Road 
in the Township of Old Bridge, Middlesex County, New Jersey. The United 
States also seeks to recover certain costs incurred or to be incurred 
by the United States in connection with the release or threatened 
release of hazardous substances into the environment at or from the 
Site.
    Pursuant to the Consent Decree, Settling Defendants have agreed 
under this Consent Decree to implement the remedy selected in the OU2 
ROD to address soil contamination at the Site, pay $231,000 in past 
costs (96%) plus interest on all such costs which has accrued after 
February 2, 2009, and pay Future Response Costs.
    The Department of Justice will receive, for a period of thirty (30) 
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, and either e-
mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Cabot Corporation, et al.; Civil Action No., D.J. 
Ref. No.90-11-3-07162/2.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Jersey, 970 Broad Street, Room 
502, Newark, New Jersey 07102, and at the United States Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866. During 
the public comment period, the proposed Consent Decree may also be 
examined on the following Department of Justice Web site, http://
www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Consent Decree may 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 a check in the amount of $6.60 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-25354 Filed 10-21-09; 8:45 am]

BILLING CODE 4410-15-P