Notice of Lodging of Two Consent Decrees, 63185-63186 [07-5582]

Download as PDF Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices INTERNATIONAL TRADE COMMISSION [USITC SE–07–023] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: November 14, 2007 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 731–TA–929–931 (Review) (Silicomanganese from India, Kazakhstan, and Venezuela)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before November 28, 2007.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: November 5, 2007. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E7–21957 Filed 11–7–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE rwilkins on PROD1PC63 with NOTICES Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on November 1, 2007, a proposed ‘‘Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI’’ in U.S. v. Acadia Woods Add. #2 Sewer Co., Civil Action No. 6:98–0687, was lodged with the United States District Court for the Western District of Louisiana. In this action, the United States sought injunctive relief and civil penalties under the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1251 et seq., in connection with sewage treatment plants (‘‘STPs’’) in Louisiana owned and operated by Johnson Properties, Inc. On December 21, 2000, the ‘‘Consent Decree with Respect to TESI’’ was entered (‘‘the 2000 Consent Decree’’). On December 23, 2000, Total Environmental Solutions, Inc. (‘‘TESI’’) purchased the VerDate Aug<31>2005 18:35 Nov 07, 2007 Jkt 214001 STPs at issue in the civil action. The 2000 Consent Decree provided a plan and schedule whereby TESI would bring the STPs it purchased into compliance with the CWA. The proposed Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI modifies the plan and schedule whereby TESI would bring the STPs it purchased into compliance with the CWA. The proposed Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI also modifies the stipulated penalties provisions of the 2000 Consent Decree. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI. 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 U.S. v. Acadia Woods Add. #2 Sewer Co., D.J. Ref. 90–5–1–1– 4375. The Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI may be examined at the Office of the United States Attorney, Western District of Louisiana, 800 Lafayette Street, Suite 2200, Lafayette, LA 70501, and at U.S. EPS Region, Region 6, 1445 Ross Avenue, Dallas, TX 75202. During the public comment period, the Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI may also be examined on the following Department of Justice Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Agreement and Order Regarding Modification of the Consent Decree with Respect to TESI 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 $12.75 (25 cents per page reproduction cost). If the request is made by e-mail or fax, please forward a check in the appropriate amount to the Consent Decree Library at the stated PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 63185 address. The check should be payable to the ‘‘United States Treasury.’’ Thomas A. Mariani, Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–5580 Filed 11–7–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Two Consent Decrees Notice is hereby given that on October 23, 2007, two proposed Consent Decrees were lodged with the United States District Court for the Central District of California. One Consent Decree was lodged in the case United States v. Andruss Family Trust, et al., Civil Action No. 2:07–cv–06873 FMC (C.D. Cal.), and another Consent Decree was lodged in the case United States v. Abercrombie, et al., Civil Action No. 2:07–cv–06870 ABC (C.D. Cal.). In both cases the United States of America (‘‘United States’’), on behalf of the Administrator of the United States Environmental Protection Agency (‘‘EPA’’), and the California Department of Toxic Substances Control (‘‘Department’’), filed a complaint pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607, seeking reimbursement of response costs incurred or to be incurred for response actions taken in connection with the release or threatened release of hazardous substances at the South El Monte Operable Unit of the San Gabriel Valley Area 1 Superfund Site in South El Monte, Los Angeles County, California (the ‘‘South El Monte O.U.’’). Under the proposed Consent Decree in Abercrombie, 26 potentially responsible parties with respect to the South El Monte O.U. will pay a total of about $3.2 million (collectively). The settlement amounts are based on each settling defendant’s ability to pay. In exchange for the payment, the plaintiffs covenant not to sue each settling defendant under Section 106 or 107 of CERCLA with respect to the South El Monte O.U. Under the proposed Consent Decree in Andruss, there are 13 settling defendants. In exchange for prior payments of over $5.8 million that have been made by these 13 settling defendants in reimbursement of costs incurred with respect to the interim remedy for the South El Monte O.U., the plaintiffs covenant not to sue each E:\FR\FM\08NON1.SGM 08NON1 63186 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices rwilkins on PROD1PC63 with NOTICES settling defendant under Section 106 or 107 of CERCLA with respect to the interim remedy for volatile organic compounds. In addition, 10 of these 13 parties will also pay $3,350,000 to EPA and $100,000 to DTSC. In exchange the plaintiffs covenant not to sue the 10 settling defendants under Section 106 or 107 of CERCLA with respect to the interim remedy for perchlorate. 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 Decrees. 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 or both of these cases: United States v. Andruss Family Trust, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/3; or United States v. Abercrombie, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/2. The proposed Consent Decrees may be examined at the Office of the United States Attorney, 450 Golden Gate Avenue, San Francisco, California 94102. 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/ ConsentlDecrees.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 payable to the ‘‘U.S. Treasury’’ or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address, in the following amounts (25 cents per page reproduction cost): $13.75 for the Consent Decree in Abercrombie or $9.75 for the Consent Decree in Andruss (without attachments). Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–5582 Filed 11–7–07; 8:45 am] BILLING CODE 4410–15–M VerDate Aug<31>2005 16:54 Nov 07, 2007 Jkt 214001 DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decrees In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that three (3) proposed Consent Decrees in United States v. Sea Bay Development Corp., et al., No. 2:06–cv– 624 (E.D. Va.), were lodged with the United States District Court for the Eastern District of Virginia, Norfolk Division, on October 26, 2007. The proposed Consent Decrees concern a complaint filed by the United States against Sea Bay Development Corp., Beechtree Park, Inc., Green Sea Farms, LLC, Elwood H. Perry, Frank T. Williams’ Farms, Inc., and Ferrell’s Backhoe Service, Inc., to obtain injunctive relief from and to impose civil penalties against the Defendants for allegedly violating Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. 1311(a), by discharging dredged or fill material and/or controlling and directing the discharge of dredged or fill material into waters of the United States without a permit at an approximately 1,560-acre property located in Chesapeake, Virginia. The proposed Consent Decrees resolve all allegations against the Defendants. The proposed Consent Decree for Elwood H. Perry and Ferrell’s Backhoe Service, Inc., requires payment to the United States of a civil penalty in the amount of $65,000.00. The proposed Consent Decree for Frank T. Williams’ Farms, Inc., requires payment to the United States of a civil penalty in the amount of $35,000.00. The proposed Consent Decree for Sea Bay Development Corp., Beechtree Park, Inc., and Green Sea Farms, LLC, requires restoration and mitigation on a portion of the property consisting of approximately 873 acres of wetlands, and the preservation in perpetuity of that portion under a conservation easement or deed restriction. In addition, that Consent Decree allows the discharge of dredged or fill material in the remainder of the property, subject to certain limitations. The Department of Justice will accept written comments relating to these proposed Consent Decrees for thirty (30) days from the date of publication of this Notice. Please address comments to Kenneth C. Amaditz, Trial Attorney, Environmental Defense Section, P.O. Box 23986, Washington, DC 20026, and refer to United States v. Sea Bay Development Corp, et al., DJ # 90–5–1– 1–05061. The proposed consent Decrees may be examined at the Clerk’s Office, United PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 States District Court for the Eastern District of Virginia, Norfolk Division. In addition, the proposed Consent Decrees may be viewed at https://www.usdoj.gov/ enrd/Consent_Decrees.html. Russell M. Young, Assistant Chief, Environmental Defense Section, Environmental & Natural Resources Division, U.S. Department of Justice. [FR Doc. 07–5579 Filed 11–07–07; 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 Notice is hereby given that on October 26, 2007, a proposed Settlement Agreement Regarding the Tri-State Mining District Sites was filed with the United States Bankruptcy Court for the Southern District of Texas in In re ASARCO LLC, et al., Case No. 05–21207 ( Bankr. S.D. Tex.). The Tri-State Mining District Sites consist of the Tar Creek Superfund Site, in Ottawa County, Oklahoma, the Cherokee County Superfund Site in Cherokee County, Kansas, the Oronogo-Duenweg Lead Mining Belt (Jasper County) Superfund Site in Jasper County, Missouri, and the Newton County Mine Tailings Superfund Site in Newton County, Missouri. The proposed Settlement Agreement entered into among the United States on behalf of the Environmental Protection Agency and the Department of Interior, and the States of Kansas, Missouri and Oklahoma, and ASARCO LLC (‘‘Asarco’’) provides that the United States shall have total allowed general unsecured claims of $144,000,000 for past and future response costs and natural resource damages for the TriState Mining District sites, and that the States of Kansas, Missouri and Oklahoma shall have allowed general unsecured claims of $3,250,000, $3,250,000, and $7,500,000 respectively. The proposed Settlement Agreement resolves the United States’ past and future response cost and natural resource damage claims at the Tri-State Mining District Sites. The Department of Justice will accept comments relating to the proposed Settlement Agreement for a period of thirty (30) days from the date of publication of this notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to E:\FR\FM\08NON1.SGM 08NON1

Agencies

Department of Justice

[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63185-63186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5582]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Two Consent Decrees

    Notice is hereby given that on October 23, 2007, two proposed 
Consent Decrees were lodged with the United States District Court for 
the Central District of California. One Consent Decree was lodged in 
the case United States v. Andruss Family Trust, et al., Civil Action 
No. 2:07-cv-06873 FMC (C.D. Cal.), and another Consent Decree was 
lodged in the case United States v. Abercrombie, et al., Civil Action 
No. 2:07-cv-06870 ABC (C.D. Cal.).
    In both cases the United States of America (``United States''), on 
behalf of the Administrator of the United States Environmental 
Protection Agency (``EPA''), and the California Department of Toxic 
Substances Control (``Department''), filed a complaint pursuant to 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9607, 
seeking reimbursement of response costs incurred or to be incurred for 
response actions taken in connection with the release or threatened 
release of hazardous substances at the South El Monte Operable Unit of 
the San Gabriel Valley Area 1 Superfund Site in South El Monte, Los 
Angeles County, California (the ``South El Monte O.U.'').
    Under the proposed Consent Decree in Abercrombie, 26 potentially 
responsible parties with respect to the South El Monte O.U. will pay a 
total of about $3.2 million (collectively). The settlement amounts are 
based on each settling defendant's ability to pay. In exchange for the 
payment, the plaintiffs covenant not to sue each settling defendant 
under Section 106 or 107 of CERCLA with respect to the South El Monte 
O.U.
    Under the proposed Consent Decree in Andruss, there are 13 settling 
defendants. In exchange for prior payments of over $5.8 million that 
have been made by these 13 settling defendants in reimbursement of 
costs incurred with respect to the interim remedy for the South El 
Monte O.U., the plaintiffs covenant not to sue each

[[Page 63186]]

settling defendant under Section 106 or 107 of CERCLA with respect to 
the interim remedy for volatile organic compounds. In addition, 10 of 
these 13 parties will also pay $3,350,000 to EPA and $100,000 to DTSC. 
In exchange the plaintiffs covenant not to sue the 10 settling 
defendants under Section 106 or 107 of CERCLA with respect to the 
interim remedy for perchlorate.
    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 Decrees. 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 or both of these cases: United States v. Andruss Family 
Trust, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/3; or United States 
v. Abercrombie, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/2.
    The proposed Consent Decrees may be examined at the Office of the 
United States Attorney, 450 Golden Gate Avenue, San Francisco, 
California 94102. 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. 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 payable to the ``U.S. Treasury'' or, if 
by e-mail or fax, forward a check in that amount to the Consent Decree 
Library at the stated address, in the following amounts (25 cents per 
page reproduction cost): $13.75 for the Consent Decree in Abercrombie 
or $9.75 for the Consent Decree in Andruss (without attachments).

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 07-5582 Filed 11-7-07; 8:45 am]
BILLING CODE 4410-15-M

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