Notice of Lodging of Partial Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 76078 [05-24327]
Download as PDF
<![CDATA[
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
]]>Agencies
[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Page 76078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24327]
[[Page 76078]]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
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 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
