Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 14714 [05-5768]

Download as PDF 14714 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Notices institution (69 FR 69954, December 1, 2004) were adequate but found that the respondent interested party group response with respect to Italy was inadequate. However, the Commission determined to conduct a full review concerning subject imports from Italy to promote administrative efficiency in light of its decision to conduct a full review with respect to subject imports from Japan. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: March 17, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–5701 Filed 3–22–05; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on March 7, 2005, a proposed Consent Decree in Kewanee Industries, Inc. v. BrowningFerris Industries of Ohio, et al., Civil Action No. 5:03CV1325, was lodged with the United States District Court for the Northern District of Ohio. In a Complaint in Intervention also filed in this action on March 7, 2005, the United States sought recovery, under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), of response costs incurred in connection with the Krejci Dump Site in Summit County, Ohio (‘‘Site’’). The United States’ claims were brought on behalf of the U.S. Department of the Interior, which has managed the Site since acquiring it by condemnation in 1980 for inclusion in the Cuyahoga Valley National Recreation Area (now Cuyahoga Valley National Park). Already pending in this action are claims by Kewanee Industries, Inc. (‘‘Kewanee’’) under section 113(f) of CERCLA for contribution towards response costs incurred by Kewanee in connection with the site. VerDate jul<14>2003 16:27 Mar 22, 2005 Jkt 205001 The proposed Consent Decree resolves Kewanee’s claims and (subject to certain reservations set forth in the Consent Decree) the claims filed by the United States against the three original Defendants in this action—BrowningFerris Industries of Ohio, Gould Electronics, Inc. (through its alleged successor, Nikko Materials USA, Inc. dba Gould Electronics), and Paciv Corporation—and two additional defendants named in the United States’ Complaint in Intervention—Garfield Alloys, Inc. and General Electric Company. Under the proposed Decree, the five settling defendants will pay a total of $300,000 to the United States (of which $270,000 is for reimbursement of response costs and $30,000 is for natural resource damages) and $600,000 to Kewanee. The Department of Justice will receive comments relating to the proposed consent decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, Department of Justice, P.O. Box 7611, Washington, DC 20044–7611, and should refer to Kewanee Industries, Inc. v. Browning-Ferris Industries of Ohio, et al., D.J. Ref. No. 90–11–3–768/ 2. The proposed Consent Decree may be examined at the Office of the United States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, Ohio. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.html. 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 of each Consent Decree, exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of $7.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. The check should refer to Kewanee Industries, Inc. v. Browning-Ferris Industries of Ohio, et al., D.J. Ref. No. 90–11–3–768/2. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–5768 Filed 3–22–05; 8:45 am] BILLING CODE 4410–15–M PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Between the United States and The GHK Company, L.L.C. and GHK/Potato Hills Limited Partnership Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on March 15, 2005, a proposed consent decree (‘‘Consent Decree’’) between The GHK Company, L.L.C. and GHK/Potato Hills Limited Partnership, Civil Action No. 05–116– W, was lodged with the United States District Court for the Eastern District of Oklahoma. The Consent Decree would resolve claims asserted by the United States in a Complaint filed on the same day against The GHK Company, L.L.C. and GHK/Potato Hills Limited Partnership (collectively, ‘‘GHK’’), seeking injunctive relief and the assessment of civil penalties for the discharge of pollutants without a permit in violation of sections 301 and 404 of the Clean Air Water Act, 33 U.S.C. 1311, 1344(a), and for failure to respond fully to a request for information regarding potential violations, issued by EPA pursuant to section 308 of the Clean Water Act, 33 U.S.C. 1318. The Complaint filed by the United States alleges that due to construction activity at eight (8) of GHK’s natural gas drilling sites, located in Oklahoma’s Pushmataha and Latimer Counties, GHK was required to obtain coverage under the National Permit Discharge Elimination System (‘‘NPDES’’) General Permit for Construction Activities (or obtain an individual NPDES permit) and to develop and implement a stormwater pollution prevention plan (SWPPP). In addition, the United States alleges that GHK was required to obtain a permit under § 404 of the CWA at five (5) natural gas drilling sites, located in Oklahoma’s Pushmataha and Latimer Counties, at which GHK discharged dredged or fill material into nearby streams. Finally, the United States alleges that in the course of investigating GHK’s construction activities, EPA issued several information requests to GHK, pursuant to CWA § 308, 33 U.S.C. 1318, to which GHK provided an insufficient response. The Consent Decree provides for the payment of a civil penalty of $325,000 and embodies a comprehensive plan for remedial work to be performed at 32 sites under the operational control and ownership of GHK and GHK/Potato Hills in the Latimer and Pushmataha counties in the State of Oklahoma. In addition, the Consent Decree requires GHK to implement a stormwater E:\FR\FM\23MRN1.SGM 23MRN1

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[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Page 14714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5768]


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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 March 7, 2005, a proposed Consent 
Decree in Kewanee Industries, Inc. v. Browning-Ferris Industries of 
Ohio, et al., Civil Action No. 5:03CV1325, was lodged with the United 
States District Court for the Northern District of Ohio.
    In a Complaint in Intervention also filed in this action on March 
7, 2005, the United States sought recovery, under section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a), of response costs incurred in 
connection with the Krejci Dump Site in Summit County, Ohio (``Site''). 
The United States' claims were brought on behalf of the U.S. Department 
of the Interior, which has managed the Site since acquiring it by 
condemnation in 1980 for inclusion in the Cuyahoga Valley National 
Recreation Area (now Cuyahoga Valley National Park). Already pending in 
this action are claims by Kewanee Industries, Inc. (``Kewanee'') under 
section 113(f) of CERCLA for contribution towards response costs 
incurred by Kewanee in connection with the site.
    The proposed Consent Decree resolves Kewanee's claims and (subject 
to certain reservations set forth in the Consent Decree) the claims 
filed by the United States against the three original Defendants in 
this action--Browning-Ferris Industries of Ohio, Gould Electronics, 
Inc. (through its alleged successor, Nikko Materials USA, Inc. dba 
Gould Electronics), and Paciv Corporation--and two additional 
defendants named in the United States' Complaint in Intervention--
Garfield Alloys, Inc. and General Electric Company. Under the proposed 
Decree, the five settling defendants will pay a total of $300,000 to 
the United States (of which $270,000 is for reimbursement of response 
costs and $30,000 is for natural resource damages) and $600,000 to 
Kewanee.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
should refer to Kewanee Industries, Inc. v. Browning-Ferris Industries 
of Ohio, et al., D.J. Ref. No. 90-11-3-768/2.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, 
Ohio. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, https://
www.usdoj.gov/enrd/open.html. 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 of each Consent Decree, exclusive of exhibits and 
defendants' signatures, please enclose a check in the amount of $7.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury. The 
check should refer to Kewanee Industries, Inc. v. Browning-Ferris 
Industries of Ohio, et al., D.J. Ref. No. 90-11-3-768/2.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-5768 Filed 3-22-05; 8:45 am]
BILLING CODE 4410-15-M

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