Notice of Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation, and Liability Act, 31608-31609 [07-2816]
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Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices
amount to the Consent Decree Library at
the stated address.
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
(CERCLA)
rwilkins on PROD1PC63 with NOTICES
DEPARTMENT OF JUSTICE
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environmental and
Natural Resources Division.
[FR Doc. 07–2815 Filed 6–6–07; 8:45 am]
Notice is hereby given that on May 25,
2007, a proposed Consent Decree in
United States v. Brown, Civil Action No.
4:05–3586–RBH (D.S.C.), was lodged
with the United States District Court for
the District of South Carolina. The
proposed Consent Decree resolves the
United States’ claim under Section
107(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, 42
U.S.C. 9607(a), relating to response costs
incurred at the Henry Wood Superfund
Site, located near Hemingway,
Williamsburg County, South Carolina.
The Consent Decree requires Hardy D.
Brown to pay $140,000 to the United
States in partial reimbursement of
response costs EPA incurred at the Site.
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 Resource
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Brown, D.J. Ref. 90–11–3–
08257.
The proposed Consent Decree may be
examined at the Office of the Untied
States Attorney, 1441 Main Street, Suite
500, Columbia, DC 29201 and at U.S.
EPA Regional IV, 61 Forsyth Street,
SW., Atlanta, GA 30303. 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/
Consent_Decrees.html. A copy of the
proposed 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 no.
(202) 514–1547. In requesting a copy
from the Consent Decree Library, please
enclose a check in the amount of $4 (25
cents per page reproduction cost)
payable to the ‘‘U.S. Treasury’’ or, if by
e-mail or Fax, forward a check in that
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20:59 Jun 06, 2007
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response
Compensation and Liability Act
In accordance with Department of
Justice policy, notice is hereby given
that on May 22, 2007, a proposed
consent decree (‘‘Consent Decree’’) in
United States v. Capital Tax
Corporation, et al., Civil Action No. 04–
cv–04138, was lodged with the United
States District Court for the Northern
District of Illinois.
The Consent Decree would resolve
claims against two of the four
defendants—Steve Pedi and Frank Pedi
(‘‘Pedi Defendants’’)—for (i)
unreimbursed past response cost
incurred by the United States related to
the removal action at the National
Lacquer and Paint Superfund Site
(‘‘Site’’) in Chicago, Illinois; (ii)
penalties and punitive damages for
failure to comply with Environmental
Protection Agency orders related to the
Site; and (iii) fraudulent transfers of real
property. Under the Consent Decree, the
Pedi Defendants would pay a total of
$330,000 in past response costs by
December 31, 2007. This amount was
determined based on Steve Pedi’s ability
to pay a judgment as calculated by a
Department of Justice financial analyst.
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, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box No. 7611
Washington, DC 20044–7611, and
should refer to United States v. Capital
Tax Corporation, et al., Civil Action No.
04–cv–04138, D.J. Ref. 90–11–2–08218.
The Consent Decree may be examined
at the Office of the United States
Attorney, 219 S. Dearborn Street, Suite
500, Chicago, Illinois 60604, and at U.S.
EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604–4590. During the
public comment period, the Consent
Decree may also be examined on the
following Department of Justice Web
PO 00000
Frm 00060
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site, https://www.usdoj.gov/enrd/
Consent_Decrees.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 $7.75 (31 pages at 25
cents per page reproduction cost)
payable to the U.S. Treasury.
William D. Brighton,
Environmental Enforcement Section,
Environmental and Natural Resources
Division.
[FR Doc. 07–2819 Filed 6–6–07; 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
Notice is hereby given that on May 21,
2007, proposed Consent Decrees in
United States and the State of Indiana
v. General Motors Corp., et al., Civil
Action No. 3:07CV239RL (‘‘Generator
Consent Decree’’), and in United States
v. David N. Lindsay, Civil Action No.
3:07CV240RL (‘‘Lindsay Consent
Decree’’) were lodged with the United
States District Court for the Northern
District of Indiana, South Bend
Division.
In these related actions, the United
States sought to recover response costs
that it had incurred at or in connection
with the Lakeland Disposal Service,
Inc., Superfund Site in Kosciusko
County, Indiana (the ‘‘Site’’), against
alleged generators of hazardous waste
disposed of at the Site (‘‘Generator
Consent Decree’’) and against Mr. David
Lindsay, an alleged former owner and
operator of the Site (‘‘Lindsay Consent
Decree’’), pursuant to Section 107(a) of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a). The
United States also sought injunctive
relief, pursuant to Section 106 of
CERCLA, 42 U.S.C. 9606, against alleged
generators of hazardous waste disposed
of at the Site (‘‘Generator Consent
Decree’’), requiring that the alleged
generators take action to abate
conditions at or near the Site that may
present an imminent and substantial
endangerment to the public health or
welfare or the environment because of
actual and threatened releases of
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07JNN1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices
hazardous substances into the
environment at or from the Site.
Additionally, the United States and the
State of Indiana sought recovery of
damages for injury to, loss of, or
destruction of natural resources at or
near the Site against alleged generators
of hazardous waste disposed of at the
Site (‘‘Generator Consent Decree’’),
pursuant to Section 107(f) of CERCLA,
42 U.S.C. 9607(f).
The Generator Consent Decree would
resolve the United States’ cost recovery
and injunctive relief claims with regard
to the Site against Settling Defendants
under Sections 106 and 107(a) of
CERCLA, 42 U.S.C. 9606 and 9607(a)
through Settling Defendants’ payment to
the Superfund of $1.12 million in past
response costs through costs through
November 30, 2005, and Settling
Defendants’ financing and performing
the remaining work under the Record of
Decision to complete the remedy at the
Site. The Generator Consent Decree
would also resolve the United States’
and the State of Indiana’s claim for
damages to natural resources at or near
the Site against Settling Defendants
through Settling Defendants’
Reimbursement of $50,000 in
assessment costs ($35,000 to the U.S.
Department of Interior (DOI) and
$15,000 to the State of Indiana), and
payment of $200,000 into the Natural
Resource Damage Assessment and
Restoration Fund to fund DOI and State
Co-Trustee sponsored restoration
projects.
As a condition of settlement under the
Generator Consent Decree, Settling
Defendants would relinquish all claims
or causes of action with respect to the
Site or natural resource damages against
the United States or the States of
Indiana. In return, the Settling
Defendants would receive contribution
protection and a covenant not to sue
from the United States under Section
106 and 107(a) with regard to the Site,
and from the United States and the State
of Indiana under Section 107(f) of
CERCLA for natural resource damages at
or near the Site, Subject to certain
reservations of rights.
The Lindsay Consent Decree would
resolve the United States’ cost recovery
claims with regard to the Site against
Mr. Lindsay under Section 107(a) of
CERCLA through a reimbursement to
the Superfund of $3,000. This payment
amount is based upon a documented
limited ability to pay. As a condition of
settlement under the Lindsay Consent
Decree, Mr. Lindsay would relinquish
all claims or causes of action with
respect to the Site against the United
States. In return, Mr. Lindsay would
receive contribution protection and a
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Jkt 211001
covenant not to sue from the United
States under Section 106 and 107(a)
with regard to the Site, subject to certain
reservations of rights.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Generator Consent Decree
and Lindsay Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to either: United States and
the State of Indiana v. General Motors
Corp., et al., Civil Action No.
3:07CV239RL (‘‘generator Consent
Decree’’), D.J. Ref. 90–11–3–531A; or
United States v. David N. Lindsay, Civil
Action No. 3:07CV240RL (‘‘Lindsay
Consent Decree’’), D.J. Ref. 90–11–3–
531/9.
The Generator and Lindsay Consent
Decrees may be examined at the Office
of the United States Attorney for the
Northern District of Indiana, 5400
Federal Plaza, Suite 1500, Hammond,
Indiana, and at U.S. EPA Region 5, 77
West Jackson Boulevard, 14th Floor,
Chicago, Illinois. 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/
Consent_Decrees.html. Copies 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
copies from the Consent Decree Library,
please enclose a check, payable to the
U.S. Treasury, in the amount of $16.75
(25 cents per page reproduction cost) for
the Generator Consent Decree, $6.25 for
the Lindsay Consent Decree, or $23.00
for copies of both the Generator and
Lindsay Consent Decrees, or, if by email or fax, forward a check in the
applicable amount to the consent Decree
Library at the stated address.
William D. Brighton,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–2816 Filed 6–6–07; 8:45 am]
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31609
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Residential Lead-Based
Paint Hazard Reduction Act
Notice if hereby given that on May 14,
2007, a proposed consent decree in
United States v. Linder & Associates,
Civil Action No. 07–3152 MMM
(FMOx), was lodged with the United
States District Court for the Central
District of California.
The consent decree settles claims
against the management company of
residential properties containing
approximately 500 units located in Los
Angeles, Victorville, North Hills and
Inglewood, California. The claims were
brought on behalf of the Department of
Housing and Urban Development,
(‘‘HUD’’), and the Environmental
Protection Agency, (‘‘EPA’’) under the
Residential Lead-Based Paint Hazard
Reduction Act 42 U.S.C. 4851 et seq.
(‘‘Lead Hazard Reduction Act’’). The
United States alleged in the complaint
that the defendant failed to make one or
more of the disclosures or to complete
one or more of the disclosure activities
required by the Lead Hazard Reduction
Act.
Under the consent decree, Linder will
certify that it is complying with
residential lead paint notification
requirements. The defendant has
inspected all of its non-studio
apartments for lead-based paint and will
inspect 254 studio units within thirty
(30) days of entry of the consent decree.
Linder has agreed to abate any lead
found to be in fair or deteriorating
condition and will apply interim
controls to any paint found to be in
intact condition. All window units will
be replaced in every unit found to
contain lead, regardless of whether it is
a studio unit or not. The timing of
window replacement varies from four
(4) to six (6) years, depending on
whether the unit is a studio unit and
whether the unit houses a child or
children under six years of age.
In addition, the defendant will pay an
administrative penalty of $7,700 to the
United States and $2,300 in costs to the
State of California.
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 and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
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]]>Agencies
[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31608-31609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2816]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on May 21, 2007, proposed Consent
Decrees in United States and the State of Indiana v. General Motors
Corp., et al., Civil Action No. 3:07CV239RL (``Generator Consent
Decree''), and in United States v. David N. Lindsay, Civil Action No.
3:07CV240RL (``Lindsay Consent Decree'') were lodged with the United
States District Court for the Northern District of Indiana, South Bend
Division.
In these related actions, the United States sought to recover
response costs that it had incurred at or in connection with the
Lakeland Disposal Service, Inc., Superfund Site in Kosciusko County,
Indiana (the ``Site''), against alleged generators of hazardous waste
disposed of at the Site (``Generator Consent Decree'') and against Mr.
David Lindsay, an alleged former owner and operator of the Site
(``Lindsay Consent Decree''), pursuant to Section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9607(a). The United States also sought
injunctive relief, pursuant to Section 106 of CERCLA, 42 U.S.C. 9606,
against alleged generators of hazardous waste disposed of at the Site
(``Generator Consent Decree''), requiring that the alleged generators
take action to abate conditions at or near the Site that may present an
imminent and substantial endangerment to the public health or welfare
or the environment because of actual and threatened releases of
[[Page 31609]]
hazardous substances into the environment at or from the Site.
Additionally, the United States and the State of Indiana sought
recovery of damages for injury to, loss of, or destruction of natural
resources at or near the Site against alleged generators of hazardous
waste disposed of at the Site (``Generator Consent Decree''), pursuant
to Section 107(f) of CERCLA, 42 U.S.C. 9607(f).
The Generator Consent Decree would resolve the United States' cost
recovery and injunctive relief claims with regard to the Site against
Settling Defendants under Sections 106 and 107(a) of CERCLA, 42 U.S.C.
9606 and 9607(a) through Settling Defendants' payment to the Superfund
of $1.12 million in past response costs through costs through November
30, 2005, and Settling Defendants' financing and performing the
remaining work under the Record of Decision to complete the remedy at
the Site. The Generator Consent Decree would also resolve the United
States' and the State of Indiana's claim for damages to natural
resources at or near the Site against Settling Defendants through
Settling Defendants' Reimbursement of $50,000 in assessment costs
($35,000 to the U.S. Department of Interior (DOI) and $15,000 to the
State of Indiana), and payment of $200,000 into the Natural Resource
Damage Assessment and Restoration Fund to fund DOI and State Co-Trustee
sponsored restoration projects.
As a condition of settlement under the Generator Consent Decree,
Settling Defendants would relinquish all claims or causes of action
with respect to the Site or natural resource damages against the United
States or the States of Indiana. In return, the Settling Defendants
would receive contribution protection and a covenant not to sue from
the United States under Section 106 and 107(a) with regard to the Site,
and from the United States and the State of Indiana under Section
107(f) of CERCLA for natural resource damages at or near the Site,
Subject to certain reservations of rights.
The Lindsay Consent Decree would resolve the United States' cost
recovery claims with regard to the Site against Mr. Lindsay under
Section 107(a) of CERCLA through a reimbursement to the Superfund of
$3,000. This payment amount is based upon a documented limited ability
to pay. As a condition of settlement under the Lindsay Consent Decree,
Mr. Lindsay would relinquish all claims or causes of action with
respect to the Site against the United States. In return, Mr. Lindsay
would receive contribution protection and a covenant not to sue from
the United States under Section 106 and 107(a) with regard to the Site,
subject to certain reservations of rights.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Generator Consent Decree and Lindsay Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to pubcomment-
ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, and should refer to either: United
States and the State of Indiana v. General Motors Corp., et al., Civil
Action No. 3:07CV239RL (``generator Consent Decree''), D.J. Ref. 90-11-
3-531A; or United States v. David N. Lindsay, Civil Action No.
3:07CV240RL (``Lindsay Consent Decree''), D.J. Ref. 90-11-3-531/9.
The Generator and Lindsay Consent Decrees may be examined at the
Office of the United States Attorney for the Northern District of
Indiana, 5400 Federal Plaza, Suite 1500, Hammond, Indiana, and at U.S.
EPA Region 5, 77 West Jackson Boulevard, 14th Floor, Chicago, Illinois.
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/Consent_Decrees.html. Copies 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 copies from the Consent Decree
Library, please enclose a check, payable to the U.S. Treasury, in the
amount of $16.75 (25 cents per page reproduction cost) for the
Generator Consent Decree, $6.25 for the Lindsay Consent Decree, or
$23.00 for copies of both the Generator and Lindsay Consent Decrees,
or, if by e-mail or fax, forward a check in the applicable amount to
the consent Decree Library at the stated address.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-2816 Filed 6-6-07; 8:45 am]
BILLING CODE 4410-15-M
