Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 76078-76079 [05-24326]

Download as PDF 76078 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices DEPARTMENT OF JUSTICE cchase on PROD1PC60 with NOTICES Notice of Lodging of Partial 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 December 12, 2005, a proposed Consent Decree (‘‘Decree’’) in United States v. Atlas Tack Corp., et al., No. 03–CV– 11601 WGY, Atlas Tack Corp. v. Town of Fairhaven, No. 01–CV–10501 WGY, and United States v. Atlas Tack Corp., et al., No. 04 CV 11880 WGY, was lodged with the United States District Court for the District of Massachusetts. In these actions, the United States, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), sought to recover from the Atlas Tack Corporation (‘‘Atlas’’) and from its President, M. Leonard Lewis, the costs incurred or to be incurred by the United States in connection with the Atlas Tack Corporation Superfund Site located in Fairhaven, Massachusetts. In related litigation (which was consolidated with the United States’ action), Atlas brought a contribution claim against the Town of Fairhaven (‘‘Town’’). Both Atlas and M. Leonard Lewis filed contribution counterclaims against the United States Army Corps of Engineers (‘‘Corps’’). The United States also filed a separate action against Atlas and M. Leonard Lewis seeking access to the Site and penalties for their failure to provide access to the Site. The proposed Decree settles all the claims brought by the United States against Atlas and M. Leonard Lewis and also settles the contribution claims filed by Atlas against the Town and by Atlas and M. Leonard Lewis against the Corps. Pursuant to the Decree, Atlas and M. Leonard Lewis will pay the United States $2,335,000 in installments over a two-year period. In addition, Atlas has agreed to sell the property that it owns at the Site (the ‘‘Property’’) and to pay the United States 95% of the net proceeds from the sale. Alternatively, Atlas can retain ownership of the Property and pay to the United States 95% of its fair market value. The Town has agreed to pay to the United States unpaid real estate taxes it collects with respect to the Property that are in excess of $80,000. The Corps has agreed to pay $50,000 to the Superfund. 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 VerDate Aug<31>2005 16:55 Dec 21, 2005 Jkt 208001 addressed to the Assistant Attorney General, Environmental and Natural Resources Division, Post Office Box 7611, United States Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Atlas Tack Corporation, DOJ Ref. #90– 11–3–06890. 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 (contact Bunker Henderson), and at the United States Environmental Protection Agency, Region 1, 1 Congress Street, Suite 1100, Boston, Massachusetts, 02114–2023 (contact Ronald Gonzalez). 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 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 $33.00 (25 cents per page reproduction costs) payable to the United States Treasury (or in the amount of $14.75 for the Decree without the Appendices). Ronald G. Gluck, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–24327 Filed 12–21–05; 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 In accordance with Departmental policy in 28 CFR 50.7, notice is hereby given that on December 2, 2005, a proposed Consent Decree in United States v. Chemclene Corporation, Inc, et al., Consolidated Civil Action Nos. 99– 3715, 02–8964, 03–3231, 05–5938, was lodged with the United States District Court for the Eastern District of Pennsylvania. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 In this action, the United States sought recovery of environmental response costs incurred by the United States, all in connection with the Malvern Superfund Site, located in Chester County, PA. The consent Decree requires settling Defendants Chemclene Corporation, Inc., Springridge Management Corporation, Inc., W. Llyod Balderston, and the Estate of Ruth Balderston to pay the United States the sum of $1,417,200, plus interest. 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, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to U.S. v. Chemclene et at., D.J. Ref. #90–11–3– 1731. The Consent Decree may also be examined at the Office of the United States Attorney, Eastern District of Pennsylvania, c/o Marilyn May, Assistant United States Attorney, 615 Chestnut Street, Philadelphia, PA 19106; and at U.S. EPA Region III, c/o Joan A. Johnson, Assistant Regional Counsel, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the Consent Decree may be examined on the Department of Justice website: 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 $20.50 for the Consent Decree (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–24328 Filed 12–21–05; 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 Notice is hereby given that on December 9, 2005, a proposed Consent Decree in United States v. Holly E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices cchase on PROD1PC60 with NOTICES Corporation, No. 1:05–cv–00503 (LMB), was lodged with the United States District Court for the District of Idaho. This Consent Decree resolves claims of the United States against Holly Corporation (‘‘Holly’’) under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), as amended, for recovery of response costs incurred in connection with removal actions at the Cinnabar Mine Site (‘‘Site’’), located near Yellow Pine, Idaho, in the Payette National Forest. The Consent Decree requires Holly to pay the United States a total of $450,000 in past response costs. The Department of Justice will receive written comments on the proposed Consent Decree for a period of thirty (30) days from the date of publication of this notice. 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. Holly Corporation, D.J. Ref. #90–11–3–07536. The Consent Decree may be examined at the Office of the United States Attorney for District of Idaho, at 800 Park Blvd., Suite 600, Boise, ID 83712– 9903, and at the offices of U.S. E.P.A. Region 10, 1200 Sixth Avenue, Seattle, WA 98101. 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. When requesting a copy, please enclose a check to cover the twenty-five cents per page reproduction costs payable to the ‘‘U.S. Treasury’’ in the amount of $3.75, and please reference United States v. Holly Corporation, D.J. Ref. #90–11–3– 07536. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–24326 Filed 12–21–05; 8:45 am] DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree Antitrust Division In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in United States v. Jimenez Landscaping, et al., Case No. 04 C 2806, was lodged with the United States District Court for the Northern District of Illinois on December 14, 2005. This proposed Consent Decree concerns a complaint filed by the United States against the Defendants pursuant to Section 301(a) of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1311(a), to obtain injunctive relief from and impose civil penalties against the Defendants for filling wetlands without a permit. The proposed Consent Decree requires the defendants to: (1) Pay a civil penalty, (2) permit the U.S. Army Corps of Engineers to conduct a wetland delineation of the subject site; and (3) hire a professional surveyor to survey the wetland boundary on their property within 14 days of completion of the wetland delineation and serve a copy of the survey on the United States Attorney’s Office for the Northern District of Illinois and the Corps of Engineers. Restoration of the impacted wetlands has been completed. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this notice. Please address comments to Daniel M. Tardiff, Assistant United States Attorney, United States Attorney’s Office, 5th Floor, 219 S. Dearborn Street, Chicago, Illinois 60604 and refer to United States v. Jimenez Landscaping, et al., case No. 04 C 2806, including the USAO #2004V00779. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, Illinois. In addition, the proposed Consent Decree may be viewed on the World Wide Web at https://www.usdoj.gov/enrd.open.html. Daniel M. Tardiff, Assistant United States Attorney. [FR Doc. 05–24325 Filed 12–21–05; 8:45 am] BILLING CODE 4410–15–M BILLING CODE 4410–15–M VerDate Aug<31>2005 16:55 Dec 21, 2005 Jkt 208001 76079 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Notice Pursuant to the National Cooperative Research and Production Act of 1993—Industrial Truck Standards Development Foundation, Inc. Notice is hereby given that, on November 23, 2005, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Industrial Truck Standards Development Foundation, Inc. (‘‘ITSDF’’), 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: Industrial Truck Standards Development Foundation, Inc., Washington, DC. The nature and scope of ITSDF’s standards development activities are: To develop, adopt, amend, publish and distribute voluntary national consensus standards for industrial trucks, including forklift trucks, and related components, attachments and equipment. Dorothy B. Fountain, Deputy Director of Operations, Antitrust Division. [FR Doc. 05–24332 Filed 12–21–05; 8:45 am] BILLING CODE 4410–11–M DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Mobile Enterprise Alliance, Inc. Notice is hereby given that, on December 5, 2005, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Mobile Enterprise Alliance, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76078-76079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24326]


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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 December 9, 2005, a proposed Consent 
Decree in United States v. Holly

[[Page 76079]]

Corporation, No. 1:05-cv-00503 (LMB), was lodged with the United States 
District Court for the District of Idaho.
    This Consent Decree resolves claims of the United States against 
Holly Corporation (``Holly'') under Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607(a), as amended, for recovery of response costs incurred 
in connection with removal actions at the Cinnabar Mine Site 
(``Site''), located near Yellow Pine, Idaho, in the Payette National 
Forest. The Consent Decree requires Holly to pay the United States a 
total of $450,000 in past response costs.
    The Department of Justice will receive written comments on the 
proposed Consent Decree for a period of thirty (30) days from the date 
of publication of this notice. 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. Holly Corporation, D.J. Ref. 
90-11-3-07536.
    The Consent Decree may be examined at the Office of the United 
States Attorney for District of Idaho, at 800 Park Blvd., Suite 600, 
Boise, ID 83712-9903, and at the offices of U.S. E.P.A. Region 10, 1200 
Sixth Avenue, Seattle, WA 98101. 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. When requesting a copy, please enclose a check to 
cover the twenty-five cents per page reproduction costs payable to the 
``U.S. Treasury'' in the amount of $3.75, and please reference United 
States v. Holly Corporation, D.J. Ref. 90-11-3-07536.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-24326 Filed 12-21-05; 8:45 am]
BILLING CODE 4410-15-M
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