Notice of Lodging of Settlement Agreement Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act and the Comprehensive Environmental Response, Compensation, and Liability Act, 55627-55628 [05-18883]

Download as PDF Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Pursuant to Section 122(d) of CERCLA, 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby given that on September 8, 2005, a proposed Consent Decree (‘‘Decree’’ in United States v. Massachusetts Bay Transportation Authority, Civ. No. 05–11827 RWZ, was lodged with the United States District Court for the District of Massachusetts. In this action the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), seeks cost recovery with respect to the Morses Pond Culvert Superfund Site (the ‘‘Site’’), located in the Town of Wellesley, Massachusetts, pursuant to CERCLA, against the Massachusetts Bay Transportation Authority (‘‘MBTA’’), the current owner of a portion of the Site. The proposed Decree settles the claims brought by the United States against MBTA. Under the terms of the proposed settlement, within thirty days of entry of the Decree, MBTA will pay $150,000, plus interest, to reimburse the United States for a portion of its costs incurred at the Site. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, written comments relating to the proposed Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, Post Office Box 7611, United States Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Massachusetts Bay Transportation Authority, DOJ Ref. #90–11–3–07035/2. A copy of the comments should be sent to Donald G. Frankel, Department of Justice, Suite 616, One Gateway Center, Newton, MA, 02458. The proposed Consent Decree may be examined at the Office of the United States Attorney for the District of Massachusetts, Office of the United States Attorney, 1 Courthouse Way, John Joseph Moakley Courthouse, Boston, Massachusetts 02210, and at the United States Environmental Protection Agency, Region 1, 1 Congress Street, Suite 1100, Boston, Massachusetts 02114–2023. 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 be also be obtained by mail from the Consent VerDate Aug<31>2005 14:53 Sep 21, 2005 Jkt 205001 Decree Library, Post Office Box 7611, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood at tonia.fleetwood@usdoj.gov or fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy of the Decree from the Consent Decree Library, please enclose a check in the amount of $4.75 (25 cents per page reproduction costs) payable to the United States Treasury. Ronald G. Gluck, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–18886 Filed 9–21–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Modification of Consent Decree Under the Clean Water Act Under 28 CFR 50.7, the Environment and Natural Resources Division of the Department of Justice proposes to modify a Consent Decree in United States and State of Louisiana v. Sewerage District No. 1 of Iberia Parish, Civil Action No. 04–1352. The Consent Decree was entered by the United States District Court for the Western District of Louisiana on December 20, 2004. In this action the United States, and its co-plaintiff the State of Louisiana, sought injunctive relief and a civil penalty to address sanitary sewer overflows and other violations of the Clean Water Act and the National Pollutant Discharge Elimination System (‘‘NPDES’’) permit issued to Sewerage District No. 1 of Iberia Parish (‘‘Sewerage District’’) for the Tete Bayou publicly owned treatment works. Under the Consent Decree, the Sewerage District agreed, inter alia, to construct an equalization basin at the Tete Bayou Plant to relieve wet weather plant hydraulic overload conditions; and to comprehensively study and rehabilitate the Sewerage District’s collection system to eliminate sanitary sewer overflows from the system. Additionally, the Sewerage District paid the United States and LDEQ a civil penalty of $51,400. The Sewerage District has asked for a modification of Paragraph 17.A of the Consent Decree to allow an extension of the end date for the completion of collection system rehabilitation projects from December 30, 2008, to December 30, 2009. The United States and the State of Louisiana believe that the proposed modification is appropriate here. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 55627 relating to the modification of the Consent Decree. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Sewerage District No. 1 of Liberia Parish, D.J. Ref. No. 90–5–1–1–07473. The proposed modification to the Consent Decree may be examined during the public comment period on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ open.html. A copy of the modification 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) 514–1537. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Thomas A. Mariani, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–18885 Filed 9–21–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act and the Comprehensive Environmental Response, Compensation, and Liability Act In accordance with 28 CFR 50.7 and 42 U.S.C. 9622(i), notice is hereby given that on September 13, 2005, a Settlement Agreement was lodged with the United States District Court for the District of Puerto Rico in United States v. Tropical Fruit, S.E., et al., Civil Action No. 97–1442–DRD. On October 25, 2001, the Court entered Decree between the United States, on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’), and defendants pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (‘‘FIFRA’’), 7 U.S.C. 136 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601, et seq., with respect to a Farm located in Rural Zone Boca, Guayanilla, Puerto Rico. The Consent Decree required Defendants to pay $35,000 in penalties E:\FR\FM\22SEN1.SGM 22SEN1 55628 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices and CERCLA response costs and to comply with extensive injunctive relief measures, including the creation of a non-spray buffer zone on the northern and a portion of the western perimeter of the Farm which will vary in width up to 173 feet. In December 2004, the United States filed a Motion to Enforce the Consent Decree and for stipulated penalties in that the United States alleged that Defendants violated certain provisions of the Consent Decree including the requirement that Defendants remove ore relocate mango trees and banana trees from the buffer zone area, and replace them with plantain trees which would not be sprayed. The United States and Defendants have reached a proposed agreement to resolve the United States’ Motion to Enforce the Consent Decree and its request for stipulated penalties, which Settlement Agreement requires Defendants, inter alia, to remove or relocate the mango trees they were required to remove or relocate under the Decree by April 1, 2006, which schedule will allow Defendants to transplant the mango trees elsewhere at the Farm, and to replace them with bananas or plantains. The Settlement Agreement authorizes the Farm to plant, in two perimeter areas, an extra low of neem trees as a barrier instead of planting bananas of plantains. The Settlement Agreement allows Defendants to apply low-toxicity pesticides in limited circumstances and under application restrictions in buffer zone areas to address an outbreak of Sigatoka Negra. The Settlement Agreement also requires the Farm to pay a stipulated penalty of $50,000 over a one year period, plus interest. The proposed Settlement Agreement may be examined at the office of the United States Attorney, Federal Building Room 452, Carlos Chardon Avenue, Hato Rey, PR 00918, and at two offices of the Environmental Protection Agency, Region II: EPA, 290 Broadway, 17th floor, New York, NY 10007–1866 or EPA, Carribean Environmental Division, Centro Europa Building, Suite 417, 1492 Ponce De Leon, Stop 22, Santurce, Puerto Rico, 00907–4127. During the public comment period, the Settlement Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the proposed Settlement Agreement may also be obtained by mail from the Consent Decree Library, PO Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e- VerDate Aug<31>2005 17:45 Sep 21, 2005 Jkt 205001 mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation no. (202) 514–1547, referencing DOJ No. 1– 1700/1. For a copy of the proposed Settlement Agreement including the signature pages and attachments, in requesting a copy, please enclose a check (there is a 25 cent per page reproduction cost) in the amount of $3.50 payable to the U.S. Treasury. Ronald G. Gluck, Assistant Chief, Environmental Enforcement Section, Environmental & Natural Resources Division. [FR Doc. 05–18883 Filed 9–21–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Amendment to Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Under 28 CFR 50.7, notice is hereby given that on September 2, 2005, three proposed Consent Decrees were lodged with the United States District Court for the Eastern District of Pennsylvania in U.S. v. Union Corps., et al., Civil Action No. 80–1589, DJ #90–11–2–1183A. The consent decrees propose to resolve the liability of Defendants Irvin G. Schorsch and John B. Schorsch, and Third Party Defendants Baltimore Gas and Electric Company, Consolidated Edison Company of New York, Inc., Jersey Center Power & Light Company, Long Island Lighting Company d/b/a LIPA, Metropolitan Edison Company, Orange and Rockland Utilities, PECO Energy Company, Potomac Electric Power Company, PP&L Electric Utilities Corporation, Public Service Electric and Gas Company, and Virginia Power Company (‘‘the Utilities’’) under the Comprehensive Environment Response, Compensation and Liability Act, 42 U.S.C. 9606 and 9607, and the Resource Conservation and Recovery Act ‘‘RCRA’’), 42 U.S.C. 6973, et seq. at the Metal Bank Superfund Site, located in Philadelphia, Pennsylvania (‘‘the Site’’). The consent decree would globally settle this action. The Utilities would implement the Revised Remedial Plan for the Site, which has been approved by EPA, Region 3, and is attached to the Consent Decrees as an appendix, the implementation of which would be overseen by EPA. EPA would make available to the Utilities the moneys received and to be received from Outsourcing Solutions, Inc., under an PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 earlier settlement with the corporate defendants in bankruptcy, which is expected to total $13.235 million. Irvin Schorsch would pay $9 million, $5.5 million of which would be paid to the United States and $3.5 million would be paid to the Utilities, and he would also guarantee up to $2 million of OSI’s payments. John Schorsch would pay $600,000, $50,000 of which would be paid to the United States and $550,000 would be paid to the utilities. Finally, the Utilities would pay all costs for the remedy, excluding oversight costs, not otherwise provided for and will indemnify Defendant Irvin G. Schorsch for any liability for cost overruns for work done under the revised remedial plan or under reopeners for future work needed at the site in connection with the site remediation. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Amendment. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to U.S. v. Union Corp., et al., Civil Action No. 80–1589 (E.D.Pa.). The Consent Decrees may be examined at the Office of the United States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, Philadelphia, Pennsylvania. During the public comment period, the Amendment may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.htm. A copy of the Amendment 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 emailing 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 $47.75 payable to the U.S. Treasury. In requesting a copy exclusive of exhibits and defendants’ signatures, please enclosed a check in the amount of $8.25 payable to the U.S. Treasury. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–18887 Filed 9–21–05; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Notices]
[Pages 55627-55628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18883]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Pursuant to the Federal 
Insecticide, Fungicide, and Rodenticide Act and the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with 28 CFR 50.7 and 42 U.S.C. 9622(i), notice is 
hereby given that on September 13, 2005, a Settlement Agreement was 
lodged with the United States District Court for the District of Puerto 
Rico in United States v. Tropical Fruit, S.E., et al., Civil Action No. 
97-1442-DRD. On October 25, 2001, the Court entered Decree between the 
United States, on behalf of the U.S. Environmental Protection Agency 
(``EPA''), and defendants pursuant to the Federal Insecticide, 
Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. 136 et seq., and 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9601, et seq., with respect to a Farm 
located in Rural Zone Boca, Guayanilla, Puerto Rico. The Consent Decree 
required Defendants to pay $35,000 in penalties

[[Page 55628]]

and CERCLA response costs and to comply with extensive injunctive 
relief measures, including the creation of a non-spray buffer zone on 
the northern and a portion of the western perimeter of the Farm which 
will vary in width up to 173 feet. In December 2004, the United States 
filed a Motion to Enforce the Consent Decree and for stipulated 
penalties in that the United States alleged that Defendants violated 
certain provisions of the Consent Decree including the requirement that 
Defendants remove ore relocate mango trees and banana trees from the 
buffer zone area, and replace them with plantain trees which would not 
be sprayed.
    The United States and Defendants have reached a proposed agreement 
to resolve the United States' Motion to Enforce the Consent Decree and 
its request for stipulated penalties, which Settlement Agreement 
requires Defendants, inter alia, to remove or relocate the mango trees 
they were required to remove or relocate under the Decree by April 1, 
2006, which schedule will allow Defendants to transplant the mango 
trees elsewhere at the Farm, and to replace them with bananas or 
plantains. The Settlement Agreement authorizes the Farm to plant, in 
two perimeter areas, an extra low of neem trees as a barrier instead of 
planting bananas of plantains. The Settlement Agreement allows 
Defendants to apply low-toxicity pesticides in limited circumstances 
and under application restrictions in buffer zone areas to address an 
outbreak of Sigatoka Negra. The Settlement Agreement also requires the 
Farm to pay a stipulated penalty of $50,000 over a one year period, 
plus interest.
    The proposed Settlement Agreement may be examined at the office of 
the United States Attorney, Federal Building Room 452, Carlos Chardon 
Avenue, Hato Rey, PR 00918, and at two offices of the Environmental 
Protection Agency, Region II: EPA, 290 Broadway, 17th floor, New York, 
NY 10007-1866 or EPA, Carribean Environmental Division, Centro Europa 
Building, Suite 417, 1492 Ponce De Leon, Stop 22, Santurce, Puerto 
Rico, 00907-4127. During the public comment period, the Settlement 
Agreement may also be examined on the following Department of Justice 
Web site, https://www.usdoj.gov/enrd/open.html. A copy of the proposed 
Settlement Agreement may also be obtained by mail from the Consent 
Decree Library, PO 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 
no. (202) 514-1547, referencing DOJ No. 1-1700/1. For a copy of the 
proposed Settlement Agreement including the signature pages and 
attachments, in requesting a copy, please enclose a check (there is a 
25 cent per page reproduction cost) in the amount of $3.50 payable to 
the U.S. Treasury.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environmental & 
Natural Resources Division.
[FR Doc. 05-18883 Filed 9-21-05; 8:45 am]
BILLING CODE 4410-15-M
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