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, 36827-36828 [06-5768]

Download as PDF 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 36828 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices business involved in waste management or recycling. The three parties are also required to provide access as required for investigation, closure and remediation at the Marine Shale and Recycling Park facilities and agree to a number of institutional controls and deed restrictions necessary to assure the implementation and effectiveness of the remedial actions to be taken at the facilities. After EPA LDEQ certify that the cleanups at the Marine Shale and Recycling Park facilities have been completed, the governments have the option of receiving the proceeds from the sale of the properties to satisfy the civil penalty judgment. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Stipulation of Settlement and Judgment. 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. Marine Shale Processors, et al., D.J. Ref. No. 90–11–2–204. A public hearing will be held regarding the proposed settlement at 7 p.m. on July 19, 2006, at the Morgan City Municipal Auditorium, 705 Myrtle Street, Morgan City, Louisiana. The Stipulation of Settlement and Judgment 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 Stipulation of Settlement and Judgment 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 $32.75 (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. 06–5768 Filed 6–27–06; 8:45 am] jlentini on PROD1PC65 with NOTICES BILLING CODE 4410–15–M VerDate Aug<31>2005 16:52 Jun 27, 2006 Jkt 208001 DEPARTMENT OF JUSTICE Notice of Lodging of Two Consent Decrees Under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 Consistent with 28 CFR 50.7 and 42 U.S.C. 9622(d), notice is hereby given that on June 13, 2006, two proposed consent decrees in United States v. Olin Corporation, et al., Civil Action No. 3:06CV914 (SRU), were lodged with the United States District Court for the District of Connecticut. In this action, the United States seeks recovery of costs pursuant to section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9607(a), related to the Rosem Superfund Removal Site and the Bryden & Morse Superfund Removal Site. The first proposed consent decree, between the United States, the South Central Connecticut Regional Water Authority, the Town of Hamden, Connecticut, and the State of Connecticut Board of Education (‘‘Decree’’), recovers $140,000. The second proposed consent decree, between the United States and Olin Corporation (‘‘Olin Decree’’), recovers $110,000. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree and the Olin Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, Ben Franklin Station, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Olin Corporation, et al., D.J. Ref. 90–11–3– 08075. The Decree and Olin Decree may be examined at the Office of the United States Attorney, 450 Main Street, Room 328, Hartford, Connecticut 06103, and at the U.S. Environmental Protection Agency—Region 1, JFK Federal Building, Boston, MA 02203–2211. During the public comment period, the Decree and Olin 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 and Olin Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, Ben Franklin Station, 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 in the amount of $15.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ronald Gluck, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–5771 Filed 6–27–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on June 21, 2006, a proposed Consent Decree in United States v. S.D. Warren Company d/b/a/ Sappi Fine Paper North America, Civil Action No. 1:06–CV–437 (W.D. Mich.) was lodged with the United States District Court for the Western District of Michigan. The Consent Decree addresses alleged violations of the Clean Air Act, 42 U.S.C. 7401–7671q, at a kraft pulp mill in Muskegon, Michigan that is owned and operated by S.D. Warren Company d/b/a/ Sappi Fine Paper North America (the ‘‘Defendant’’). More specifically, the United States alleges that the Defendant failed to comply with multiple Clean Air Act requirements applicable to the recovery furnace at the Muskegon Mill before the Defendant deactivated that recovery furnace in August 2005. The proposed Consent Decree between the United States and the Defendant would require the Defendant to; (1) Pay a $586,106 civil penalty for alleged past violations of the Clean Air Act, (2) comply fully with Clean Air Act requirements applicable to the Muskegon Mill recovery furnace if the Defendant reactivates the recovery furnace; and (3) report to the U.S. Environmental, Protection Agency on the status of the recovery furnace. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. 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. S.D. Warren Company d/b/a Sappi Fine Paper North America, Civil Action No. 1:06–CV–437 (W.D. Mich.) and D.J. Ref. No. 90–5–2–1–08442. The Consent Decree may be examined at: (1) The offices of the United States Attorney, 330 Ionia Avenue, NW., Suite 501, Grand Rapids, Michigan (contact Michael Shiparski (616–456–2404)); and E:\FR\FM\28JNN1.SGM 28JNN1

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Department of Justice

[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36827-36828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5768]


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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

[[Page 36828]]

business involved in waste management or recycling. The three parties 
are also required to provide access as required for investigation, 
closure and remediation at the Marine Shale and Recycling Park 
facilities and agree to a number of institutional controls and deed 
restrictions necessary to assure the implementation and effectiveness 
of the remedial actions to be taken at the facilities. After EPA LDEQ 
certify that the cleanups at the Marine Shale and Recycling Park 
facilities have been completed, the governments have the option of 
receiving the proceeds from the sale of the properties to satisfy the 
civil penalty judgment. The Department of Justice will receive for a 
period of thirty (30) days from the date of this publication comments 
relating to the Stipulation of Settlement and Judgment. 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. Marine 
Shale Processors, et al., D.J. Ref. No. 90-11-2-204. A public hearing 
will be held regarding the proposed settlement at 7 p.m. on July 19, 
2006, at the Morgan City Municipal Auditorium, 705 Myrtle Street, 
Morgan City, Louisiana.
    The Stipulation of Settlement and Judgment 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 Stipulation of 
Settlement and Judgment 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 $32.75 (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. 06-5768 Filed 6-27-06; 8:45 am]
BILLING CODE 4410-15-M

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