Notice of Lodging of Consent Decree Under the Residential Lead-Based Paint Hazard Reduction Act, 31609-31610 [07-2817]

Download as PDF 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 VerDate Aug<31>2005 20:59 Jun 06, 2007 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] BILLING CODE 4410–15–M PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07JNN1.SGM 07JNN1 31610 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices States v. Linder & Associates, D.J. #90– 5–1–1–07223/1. The proposed consent decree may be examined at the Department of Housing and Urban Development, Office of General Counsel, 451 7th St., NW., Room 9262, Washington, DC 20410; at the office of the United States Attorney for the Central District of California, 300 North Los Angeles Street, Room 7516, Los Angeles, California 90012; and at U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. 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 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 $10.25 (25 cents per page reproduction costs), payable to the U.S. Treasury or, if by e-mail or fax, forward a check in the amount to the Consent Decree Library at the stated address. Karen Dworkin, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–2817 Filed 6–6–07; 8:45 am] BILLING CODE 4410–15–M ACTION: Notice of technical correction. On June 1, 2007, the Department published in the Federal Register (72 FR 30637) a Notice of Proposed Exemption (the Notice) which would permit the purchase (the Purchase) by the respective IRAs of Paul and Lynne Niednagel (the Account Holders) of certain ownership interests (the Units) from Pacific Island Investment Partners, LLC (Pacific Island) (the issuer of the Units), an entity which is indirectly controlled by Daniel and Stephen Niednagel (the Principals), both of whom are lineal descendents of the Account Holders and therefore disqualified persons with respect to the IRAs. The Notice was filed on behalf of the Account Holders. With respect to the information contained in the Summary of Facts and Representations section of the Notice, footnote number 4 located at the bottom of the second column on page 30638 should be corrected to read as follows: ‘‘** The Department notes that a divergence of interests may develop over time between (1) the IRAs and the IRA fiduciaries in their capacities as individuals, or (2) the IRAs and other persons in which the IRA fiduciaries, in their individual capacities, may have an interest. In the event that such a divergence of interests develops, the IRA fiduciaries would be required to take steps to eliminate the conflict of interest in order to avoid engaging in a prohibited transaction.’’ Mr. Mark Judge or Mr. Laurence Lux, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor, Washington, DC at (202) 693–8339 or (202) 693–8555, respectively (these are not toll-free numbers). FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF LABOR Employee Benefits Security Administration [Exemption Application Numbers: D–11393 and D–11394] Signed at Washington, DC, this 1st day of June, 2007. Ivan Strasfeld, Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E7–10917 Filed 6–6–07; 8:45 am] Proposed Individual Exemptions for Paul Niednagel IRAs and Lynne Niednagel IRAs (Collectively, the IRAs), Located in Laguna Niguel, CA Employee Benefits Security Administration, Department of Labor (the Department). AGENCY: BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 18, 2007. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 18, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 31st day of May 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. rwilkins on PROD1PC63 with NOTICES APPENDIX–AA [Petitions instituted between 5/21/07 and 5/25/07] Subject firm (petitioners) Location Bodiform, Inc. (Wkrs) ..................................... Bell Sponging Company, Inc. (UNITE) .......... Sportable Scoreboards (Wkrs) ....................... McMurray Fabrics, Inc. (Wkrs) ....................... Hialeah, FL ..................................................... Allentown, PA ................................................. Murray, KY ..................................................... Lincolnton, NC ................................................ TA–W 61544 61545 61546 61547 ............. ............. ............. ............. VerDate Aug<31>2005 20:59 Jun 06, 2007 Jkt 211001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM Date of institution 07JNN1 05/21/07 05/21/07 05/21/07 05/21/07 Date of petition 05/16/07 05/18/07 05/18/07 05/16/07

Agencies

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31609-31610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2817]


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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 inUnited 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 
topubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer 
toUnited

[[Page 31610]]

States v. Linder & Associates, D.J. 90-5-1-1-07223/1.
    The proposed consent decree may be examined at the Department of 
Housing and Urban Development, Office of General Counsel, 451 7th St., 
NW., Room 9262, Washington, DC 20410; at the office of the United 
States Attorney for the Central District of California, 300 North Los 
Angeles Street, Room 7516, Los Angeles, California 90012; and at U.S. 
EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. 
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 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 $10.25 (25 cents per 
page reproduction costs), payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in the amount to the Consent Decree Library at 
the stated address.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-2817 Filed 6-6-07; 8:45 am]
BILLING CODE 4410-15-M
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