Notice of Lodging of Consent Decree Under the Clean Water Act and Oil Pollution Act, 66463-66464 [05-21882]

Download as PDF Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices from the Brio Refining, Inc. (‘‘Brio’’) Superfund Site and the Dixie Oil Processors (‘‘Dixie’’ or ‘‘DOP’’) Superfund Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’). The Brio and DOP Superfund Sites are located near the Town of Friendswood in Harris County, Texas. Under the Consent Decree, BP AMOCO Chemical Co., Atlantic Richfield Co., Allied Waste industries, Chevron Chemical Co., Total Petrochemicals USA, Inc., GE Petrochemicals, Inc., CNA Holdings, Inc., Huntsman Corp., Pharmacia Corp., Union Carbide Corp., The Dow Chemical Co., Merichem Co., Rohm and Haas Co., and Lyondell Chemical Co. (‘‘Defendants’’) will undertake (1) the preservation of at least 100 acres of bottomland hardwood forest habitat, including at least 30 acres in the 100year flood plain along Mud Gully and Clear creek, (2) the re-colonization of 19 acres of former pasture with native vegetation, and (3) the creation of six acres of riparian wetland in the vicinity of the Superfund Sites. The companies also will pay the State and federal trustees approximately $347,000 in past assessment costs and estimated future restoration costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed Consent Decree. Comments should be addressed to the 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. BP AMOCO Chemical Company. et al., D.J. Ref. No. 90–11–2– 325/1. 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 Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washing, 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 complete copy of the consent Decree from the Consent Decree Library, please enclose a check in the amount of $37.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. In requesting a copy of the Consent Decree, exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of $12.25 VerDate Aug<31>2005 18:29 Nov 01, 2005 Jkt 208001 (25 cents per page reproduction cost) payable to the U.S. Treasury. Thomas A. Mariani, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21881 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Notice is hereby given that on October 18, 2005, a proposed Consent Decree in United States v. Chemical Waste Management, Inc., an action under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), amended, 42 U.S.C. 9607, was lodged with the United States District Court for the District of Colorado, Case No. 05–CV–02053 ZLW– MJW (D. Colo.). In this action, the United States sought the recovery of past response costs incurred by the United States in connection with removal actions implemented in 1999 by the Environmental Protection Agency at the Weld County Waste Disposal Site (‘‘Site’’), Weld County, Colorado. In its complaint, the United States alleged that Chemical Waste Management, Inc., by virtue of its status as a successor to the liabilities of Waste Transport, Inc., is liable under section 107(a)(4) of CERCLA, 42 U.S.C. 9607(a)(4), as a person ‘‘who * * * accepted any hazardous substances for transport to disposal * * * facilities * * * selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs.’’ The settlement between the United States and Chemical Waste Management, Inc. provides for the recovery of $1,025,442 in past costs incurred by EPA in connection with removal actions implemented in 1999 at the Site and reserves any claims that the United States may have against Chemical Waste Management, Inc., for, among other things, future response costs and natural resource damages. 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 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 66463 Division, U.S. Department of Justice, PO Box 7611, Washington, DC 20044–7611, and should refer to United States v. Chemical Waste Management, Inc., DJ# 90–7–1–831/2. The Consent Decree may be examined at U.S. EPA Region 8, 999 18th Street, Suite 500, Denver, Colorado, 80202. 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, 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 number (202) 514–1547. In requesting a copy from the Consent Decree Library, Please enclose a check in the amount of $3.00 for the Decree payable to the United States Treasury. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21884 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act and Oil Pollution Act Notice is hereby given that on October 13, 2005, a proposed Consent Decree (‘‘Decree’’) in United States v. Kentucky Utilities Co., Civil Action No. 5:05–cv– 418, was lodged with the United States District Court for the Eastern District of Kentucky. In this action, the United States sought the assessment of penalties under the Clean Water Act, as amended by the Oil Pollution Act of 1990, due to the discharge in 1999 of approximately 38,000 gallons of diesel fuel oil from an underground pipeline owned and operated by Defendants and located at the E.W. Brown Generating Station in Burgin, Kentucky (‘‘Brown Station’’). The United States also sought the assessment of penalties for the 2001 discharge of an unknown quantity of oil from a cooling tower at the Brown Station, and for Defendant’s failure to timely submit a Brown Station Facilities Response Plan (‘‘FRP’’). The Decree provides for Defendants to pay a civil penalty in the amount of $228,569, and to install two additional oil-water separators at the Brown Station. This Supplemental Environmental Project will cost at least $750,000 to install, and E:\FR\FM\02NON1.SGM 02NON1 66464 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices an additional $400,000 to maintain over the next ten (10) years. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, PO Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Kentucky Utilities Co., DJ #90– 5–1–1–07915. The Decree may be examined at the Office of the United States Attorney, 110 West Vine Street, Room 400, Lexington, Kentucky 40507, and at U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303–3104. During the public comment period, the Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the Decree 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 number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $39.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. In requesting a copy exclusive of exhibits, please enclose a check in the amount of $10.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ellen M. Mahan, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21882 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Solid Waste Disposal Act Notice is hereby given that the following proposed consent decrees relating to the Baldwin Park Operable Unit of the San Gabriel Valley Superfund Sites, Areas 1–4, located in and near the cities of Azusa, Irwindale, Baldwin Park, and Covina in Los Angeles County, California (‘‘BPOU’’), were lodged on October 26, 2005, with the United States District Court for the VerDate Aug<31>2005 18:29 Nov 01, 2005 Jkt 208001 Central District of California: (1) United States and California Department of Toxic Substances Control (‘‘DTSC’’) v. Lockheed Martin Corporation, et al., Case No. CV05–7519 GPS (AJWx) (C.D. Cal.), (2) United States and DTSC v. Leach International Corporation, Case No. CV05–7515 CAS (Ex) (C.D. Cal.), (3) United States and DTSC v. Allegiance Healthcare Corporation, et al., Case No. CV05–7520 DSF (JWJX) (C.D. Cal.), (4) United States v. Phaostron Instrument and Electronic Company, Case No. CV05–7522 JFW (SSx) (C.D. Cal.), (5) United States v. Azusa Land Reclamation Co., Inc., et al., Case No. CV05–7518 MMM (JTLx) (C.D. Cal.), (6) United States v. Aerojet-General Corporation, et al., Case No. CV05–7516 PA (JWJx) (C.D. Cal.), and (7) United States and DTSC v. White & White Properties, et al., Case No. CV05–7521 GHK (PLAx) (C.D. Cal.). The first four consent decrees listed above represent a settlement of claims brought against Lockheed Martin Corporation, Mobil Oil Corporation, The Valspar Corporation, Leach International Corporation, Allegiance Healthcare Corporation, Philip Morris USA Inc., and Phaostron Instrument and Electronic Company pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, and section 7003 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984 (collectively ‘‘RCRA’’), 42 U.S.C. 6973. In the complaints filed on October 19, 2005, the United States and DTSC sought injunctive relief for performance of response actions under CERCLA section 106, 42 U.S.C. 9606, and RCRA section 7003, 42 U.S.C. 6973, and reimbursement for response costs under CERCLA section 107, 42 U.S.C. 9607, incurred by the United States Environmental Protection Agency (‘‘EPA’’), the United States Department of Justice (‘‘DOJ’’), and DTSC, in response to releases of hazardous substances at the BPOU. The last three consent decrees listed above represent a settlement of claims brought pursuant to CERCLA against Aerojet-General Corporation, GenCorp, Inc., Azusa Land Reclamation Co., Inc., Fairchild Holding Corp., Hartwell Corporation, Oil & Solvent Process Company, Reichhold, Inc., Winco Enterprises Inc., and entities related to White & White Properties. In the complaints filed on October 19, 2005, the United States and DTSC sought reimbursement for response PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 costs under CERCLA section 107, 42 U.S.C. 9607, incurred by EPA, DOJ, and DTSC, in response to releases of hazardous substances at the BPOU. The proposed consent decrees require the Settling Defendants to pay $14,328,388 to the United States for response costs incurred by EPA and DOJ and 88 percent of the United States’ future oversight costs, and to pay $292,105 to DTSC for response costs incurred by DTSC. The first four proposed consent decrees include a covenant-not-to-sue under sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and under section 7003 of RCRA, 42 U.S.C. 6973. The last three proposed consent decrees include a covenant-notto-sue under CERCLA section 107, 42 U.S.C. 9607. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the consent decrees. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, with a copy to Robert Mullaney, U.S. Department of Justice, 301 Howard Street, Suite 1050, San Francisco, CA 94105, and should refer to the BPOU Consent Decrees, D.J. Ref. #90–11–2–354. For the settlements involving RCRA, commenters may request an opportunity for a public meeting in the affected area, in accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d). The consent decrees may be examined at U.S. EPA Region 9, Office of Regional Counsel, 75 Hawthorne Street, San Francisco, California. During the public comment period, the consent decrees may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/open.html. A copy of the consent decrees 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 $662.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. (A copy of the decrees, exclusive of E:\FR\FM\02NON1.SGM 02NON1

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Department of Justice

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66463-66464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21882]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act and 
Oil Pollution Act

    Notice is hereby given that on October 13, 2005, a proposed Consent 
Decree (``Decree'') in United States v. Kentucky Utilities Co., Civil 
Action No. 5:05-cv-418, was lodged with the United States District 
Court for the Eastern District of Kentucky.
    In this action, the United States sought the assessment of 
penalties under the Clean Water Act, as amended by the Oil Pollution 
Act of 1990, due to the discharge in 1999 of approximately 38,000 
gallons of diesel fuel oil from an underground pipeline owned and 
operated by Defendants and located at the E.W. Brown Generating Station 
in Burgin, Kentucky (``Brown Station''). The United States also sought 
the assessment of penalties for the 2001 discharge of an unknown 
quantity of oil from a cooling tower at the Brown Station, and for 
Defendant's failure to timely submit a Brown Station Facilities 
Response Plan (``FRP''). The Decree provides for Defendants to pay a 
civil penalty in the amount of $228,569, and to install two additional 
oil-water separators at the Brown Station. This Supplemental 
Environmental Project will cost at least $750,000 to install, and

[[Page 66464]]

an additional $400,000 to maintain over the next ten (10) years.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Kentucky Utilities Co., DJ 90-5-1-1-07915.
    The Decree may be examined at the Office of the United States 
Attorney, 110 West Vine Street, Room 400, Lexington, Kentucky 40507, 
and at U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street, 
SW., Atlanta, Georgia 30303-3104. During the public comment period, the 
Decree may also be examined on the following Department of Justice Web 
site, https://www.usdoj.gov/enrd/open.html. A copy of the Decree 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 number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $39.75 (25 cents per page reproduction cost) 
payable to the U.S. Treasury. In requesting a copy exclusive of 
exhibits, please enclose a check in the amount of $10.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-21882 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M

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