Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 19784 [05-7466]

Download as PDF 19784 Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Notices 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), National Fenestration Rating Council, Inc. (‘‘NFRC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: National Fenestration Rating Council, Inc., Silver Spring, MD. The nature and scope of NFRC’s standards development activities are: Development and publication of product performance standards for window, door and skylight products. Dorothy B. Fountain, Deputy Director of Operations, Antitrust Division. [FR Doc. 05–7463 Filed 4–13–05; 8:45 am] BILLING CODE 4410–11–M 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 30, 2005, a proposed Consent Decree in United States v. City of New Orleans, et al., Civil Action No. 02–3618, Section ‘‘E’’, was lodged with the United States District Court for the Eastern District of Louisiana. In this action the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), sought to recover response costs from certain parties, including CFI Industries, Inc. (‘‘CFI’’). EPA incurred such costs in response to releases and threatened releases of hazardous substances from the Agriculture Street Landfill (the ‘‘Site’’) located in New Orleans, Louisiana. The proposed Consent Decree require CFI to pay $1.75 million towards the response costs incurred by EPA. The proposed Consent Decree resolves CFI’s liability under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for costs already incurred to the site by EPA or by the Department of Justice on behalf of EPA. The Department of Justice will receive for a period of thirty (30) days from the VerDate jul<14>2003 19:36 Apr 13, 2005 Jkt 205001 date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General for the Environment and Natural Resources Division, U.S. Department of Justice, P.O. Box 7611, NW., Washington, DC 20044–7611, and should refer to United States v. City of New Orleans, et al., D.J. Ref. 90–11–3–1638/2. The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of Louisiana, 501 Magazine Street, Suite 210, New Orleans, LA 70130, and at the offices of EPA, Region 6, 1455 Ross Ave., Dallas, TX 75202–2733. 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 from the Consent Decree Library, please enclose a check in the amount of $5.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–7466 Filed 4–13–05; 8:45 am] BILLING CODE 4410–15–M 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14APN1.SGM 14APN1

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[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Page 19784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7466]


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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 30, 2005, a proposed Consent 
Decree in United States v. City of New Orleans, et al., Civil Action 
No. 02-3618, Section ``E'', was lodged with the United States District 
Court for the Eastern District of Louisiana.
    In this action the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), sought to recover response 
costs from certain parties, including CFI Industries, Inc. (``CFI''). 
EPA incurred such costs in response to releases and threatened releases 
of hazardous substances from the Agriculture Street Landfill (the 
``Site'') located in New Orleans, Louisiana. The proposed Consent 
Decree require CFI to pay $1.75 million towards the response costs 
incurred by EPA. The proposed Consent Decree resolves CFI's liability 
under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for costs already 
incurred to the site by EPA or by the Department of Justice on behalf 
of EPA.
    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 
for the Environment and Natural Resources Division, U.S. Department of 
Justice, P.O. Box 7611, NW., Washington, DC 20044-7611, and should 
refer to United States v. City of New Orleans, et al., D.J. Ref. 90-11-
3-1638/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Louisiana, 501 Magazine Street, 
Suite 210, New Orleans, LA 70130, and at the offices of EPA, Region 6, 
1455 Ross Ave., Dallas, TX 75202-2733. 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 from the 
Consent Decree Library, please enclose a check in the amount of $5.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-7466 Filed 4-13-05; 8:45 am]
BILLING CODE 4410-15-M
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