Notice of Lodging of Consent Decree Between the United States of America and Donald Boatright Under CERCLA, 36826-36827 [06-5766]

Download as PDF jlentini on PROD1PC65 with NOTICES 36826 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices Co., Civil Action No. 98–CV–73252 (E.D. Mich.), was lodged with the United States District Court for the Eastern District of Michigan on June 22, 2006. This proposed Consent Decree concerns a complaint filed by the United States against Bay-Houston Towing Co. (‘‘Bay-Houston’’), pursuant to sections 301(a), 309(b), 309(d), and 404 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1319(b), 1319(d), and 1344, to obtain injunctive relief from and impose civil penalties against the Defendant for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States, at a location known as the ‘‘Minden Bog,’’ in Sanilac County, Michigan, and for failing to comply with an administrative compliance order issued to Bay-Houston by the United States Environmental Protection Agency. The proposed Consent Decree resolves these allegations by permanently enjoining Bay-Houston from discharging pollutants at the Minden Bog except in accordance with CWA section 404 permit recently tendered to BayHouston by the United States Army Corps of Engineers (‘‘Corps’’). The permit also requires Bay-Houston, inter alia, to restore the majority of the bog affected by peat mining; to immediately donate 1,182 acres of presently undisturbed peatlands to the Michigan Department of Natural Resources (‘‘MDNR’’); and to donate remaining peatlands (approximately 1,641 acres) to the MDNR once peat mining is complete. 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 Joshua M. Levin, Senior Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, P.O. Box 23986, Washington, DC 20026– 3986, and refer to United States v. BayHouston Towing Co., DJ #95–5–1–1– 4519. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the Eastern District of Michigan, at the following address: 5th Floor, Theodore Levin United States Courthouse, 231 West Lafayette Boulevard, Detroit, MI 48226. In addition, the proposed Consent VerDate Aug<31>2005 16:52 Jun 27, 2006 Jkt 208001 Decree may be viewed at https:// www.usdoj.gov/enrd/open.html. cents per page reproduction cost) payable to the U.S. Treasury. Scott A. Schachter, Assistant Chief, Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 06–5764 Filed 6–27–06; 8:45 am] Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section. [FR Doc. 06–5770 Filed 6–27–06; 8:45 am] BILLING CODE 4410–15–M BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in United States v. The Gillette Company, Civil Action No. C06–1016, was lodged on June 8, 2006 with the United States District Court for the Northern District of Iowa. This consent decree requires the defendants to pay EPA Hazardous Substance Superfund $750,000 in reimbursement of past response 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, Environmental and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. The Gillette Company, DOJ Ref. 90–11–2–08217. The proposed consent decree may be examined at the office of the United States Attorney, 401 1st Street SE., Suite 400, Cedar Rapids, IA 52401–4950 and at U.S. EPA Region 7, 901 N. 5th Street, Kansas City, KS 66101. During the comment period, the consent decree may be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. Copies of the consent decree also may 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, please enclose a check in the amount of $3.75 (without attachment) or $6.25 (with attachments) for United States v. The Gillette Company, (25 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Notice of Lodging of Consent Decree Between the United States of America and Donald Boatright Under CERCLA Under 28 CFR 50.7, notice is hereby given that on June 6, 2006, a proposed Consent Decree (‘‘Consent Decree’’) with Defendant Donald Boatright in United States v. Donald E. Horne, et al., Civil Action No. 05–497, has been lodged with the United States District Court for the Western District of Missouri. This Consent Decree resolves the United States’ pending claims against Donald Boatright under section 107 of CERCLA 42 U.S.C. 9607 at the Armour Road Superfund Site in North Kansas City, Missouri. Under the terms of that decree, Mr. Boatright shall pay to the United States $175,000. 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 United States v. Donald E. Horne, et al., Civil Action No. 05–497, D.J. Ref. 90–11–3– 08035/1. The Consent Decree may be examined at the Office of the United States Attorney, Western District of Missouri, Charles Evans Whittaker Courthouse, 400 East Ninth Street, Room 5510, Kansas City, Missouri 64106. During the public comment period, the Consent Decree may 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 $4.50 (25 cents per E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices page reproduction cost) payable to the United States Treasury for payment. Robert Maher, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–5766 Filed 6–27–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act The United States Department of Justice is re-issuing this notice because of a typographical error in the original notice, which was published on June 7, 2006 (71 FR 33001). The original notice mis-stated the amount to be paid by PPG Industries, Inc. under one of the two proposed consent decrees. This republication does not alter the public comment period, which remains a thirty-day period beginning June 7, 2006. Under 42 U.S.C. 9622(d)(2), 9622(g)(12) and 28 CFR 50.7, notice is hereby given that on May 26, 2006, two proposed Consent Decrees in United States v. Industrial Excess Landfill, Inc., Civil Action Number 5:89–CV–1988 (consolidated with State of Ohio v. Industrial Excess Landfill, Inc., Civil Action Number 5:91–CV–2559), were lodged with the United States District Court for the Northern District of Ohio. The first Consent Decree resolves claims against PPG Industries, Inc. (‘‘PPG’’), brought by the United States on behalf of the Environmental Protection Agency (‘‘EPA’’) under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607, for response costs incurred and to be incurred by the United States in responding to the release and threatened release of hazardous substances at the Industrial Excess Landfill Superfund Site (‘‘Site’’) in Uniontown, Ohio. Under its Consent Decree, PPG will pay the United States $752,500 in reimbursement of response costs. The second Consent Decree resolves claims against Morgan Adhesives Co. (‘‘Morgan’’), brought by the United States on behalf of the Environmental Protection Agency under section 107 of CERCLA, 42 U.S.C. 9607, for response costs incurred and to be incurred by the United States in responding to the release and threatened release of hazardous substances at the Site, as well as CERCLA and other claims related to VerDate Aug<31>2005 16:52 Jun 27, 2006 Jkt 208001 the Site brought against Morgan by the State of Ohio. Under its Consent Decree, Morgan will pay the United States $334,016 in reimbursement of response costs and will pay the State of Ohio $15,984 in reimbursement of response costs. Both Consent Decrees are de minimis settlements pursuant to section 122(g)(1)(A) of CERCLA, 42 U.S.C. 9622(g)(1)(A). Under the respective Consent Decree, the United States covenants not to sue PPG, and the United States and the State of Ohio covenant not to sue Morgan, regarding the Site, subject to reservations of rights should information be discovered which indicates that a settling defendant no longer qualifies as a de minimis party, as well as reservations commonly included in CERCLA settlements of all rights with respect to certain other claims. 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 United States v. Industrial Excess Landfill, Inc., DOJ Ref. #90–11–3–247/2. Each Consent Decree may be examined at the Office of the United States Attorney, Northern District of Ohio, 801 West Superior Avenue, Suite 400, Cleveland, Ohio 44113, and the Region 5 Office of the Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, Illinois 60604. During the public comment period, each Consent Decree may also be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ open.html. A copy of each 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 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 specify whether requesting the PPG Consent Decree, the Morgan Consent Decree, or both, and please enclose a check payable to the U.S. Treasury in the amount of $5.50 for the PPG Consent Decree, $6.25 for the Morgan Consent Decree, or $11.75 for PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 36827 both Consent Decrees (for reproduction costs of 25 cents per page). William D. Brighton, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–5769 Filed 6–27–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Stipulation of Settlement and Judgment under the Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act, and the Comprehensive Environmental Response, Compensation, and Liability Act Under 28 CFR 50.7, notice is hereby given that on June 6, 2006, a proposed Stipulation of Settlement and Judgment in United States et al., v. Marine Shale Processors, Inc., et al., Civil Action No. 90–1240 was lodged with the United States District Court for the Western District of Louisiana. In this action the United States and the Louisiana Department of Environmental Quality (‘‘LDEQ’’) sought civil penalties and injunctive relief under section 3008(a) of the Resource Conservation and Recovery Act (‘‘RCRA’’); civil penalties under section 113(b) of the Clean Air Act and section 309(b) of the Clean Water Act; and reimbursement for response costs incurred or to be incurred under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) regarding contaminated facilities owned and operated by Marine Shale Processors, Inc. (‘‘Marine Shale’’) and Recycling Park Inc. (‘‘Recycling Park’’) located in Amelia, Louisiana. 33 U.S.C. 1319(b), 42 U.S.C. 6928(a), 7413(b), 9607. Under the proposed Stipulation of Settlement and Judgment, the Court will center a $6.2 million judgment for penalties, in favor of the United States and LDEQ, against Marine Shale and Recycling Park. A separate $6.2 million in proceeds from Marine Shale will be transferred to LDEQ for the closure and remediation of the contamination at the Marine Shale and Recycling Park facilities. An additional $850,000 letter of credit posted by Marine Shale will also be transferred to LDEQ and used for the cleanup of the Marine Shale and Recycling Park facilities. In addition, Marine Shale, Recycling Park, and John Kent, Sr., the owner of the two companies, are prohibited from owning or controlling a majority interest in or participating in the management of any E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36826-36827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5766]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America and Donald Boatright Under CERCLA

    Under 28 CFR 50.7, notice is hereby given that on June 6, 2006, a 
proposed Consent Decree (``Consent Decree'') with Defendant Donald 
Boatright in United States v. Donald E. Horne, et al., Civil Action No. 
05-497, has been lodged with the United States District Court for the 
Western District of Missouri.
    This Consent Decree resolves the United States' pending claims 
against Donald Boatright under section 107 of CERCLA 42 U.S.C. 9607 at 
the Armour Road Superfund Site in North Kansas City, Missouri. Under 
the terms of that decree, Mr. Boatright shall pay to the United States 
$175,000.
    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 
United States v. Donald E. Horne, et al., Civil Action No. 05-497, D.J. 
Ref. 90-11-3-08035/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Missouri, Charles Evans Whittaker 
Courthouse, 400 East Ninth Street, Room 5510, Kansas City, Missouri 
64106. During the public comment period, the Consent Decree may 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 $4.50 (25 cents per

[[Page 36827]]

page reproduction cost) payable to the United States Treasury for 
payment.

Robert Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-5766 Filed 6-27-06; 8:45 am]
BILLING CODE 4410-15-M
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