Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act, 5870-5871 [08-409]

Download as PDF 5870 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 2008. The views of the Commission are contained in USITC Publication 3901 (January 2008), entitled Stainless Steel Bar from France, Germany, Italy, Korea, and the United Kingdom: Investigation Nos. 701–TA–413 and 731–TA913–916 and 918 (Review). Issued: January 28, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–1735 Filed 1–30–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE rwilkins on PROD1PC63 with NOTICES Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (‘‘CERCLA’’) Notice is hereby given that on January 16, 2008, a proposed Consent Decree in United States v. Boston & Maine Corp., et al. (D. Mass.) No. 1:08–cv–10062– MBB, was lodged with the United States District Court for the District of Massachusetts. In this action, the United States sought the recovery of response costs pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Recovery Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9607(a), and the performance of response actions for Operable Unit 3 of the Iron Horse Park Superfund Site from Defendants Boston & Maine Corp. (‘‘B&M’’), BNZ Materials, Inc. (‘‘BNZ’’), and the Massachusetts Bay Transportation Authority (‘‘MBTA’’). Pursuant to the proposed Consent Decree, B&M, BNZ, and MBTA agree to perform the remedial action for Operable Unit 3 at the Site, estimated to cost a total of $23.53 million, and to pay all of U.S. Environmental Protection Agency’s (‘‘EPA’s’’) future response costs. EPA has agreed to provide $2.5 million in preauthorized mixed funding to reimburse the Settling Defendants for a portion of the response actions to be performed. The proposed Consent decree provides the Settling Defendants with a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6973. The Commonwealth of Massachusetts is also a party to the Consent Decree, and it resolves the Commonwealth’s claims against B&M, BNZ, and MBTA as well. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments VerDate Aug<31>2005 18:07 Jan 30, 2008 Jkt 214001 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 States v. Boston & Maine, et al. (D. Mass.) No., D.J. Ref. 90–11–3–90/2. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The Consent Decree may be examined at the Office of the United States Attorney, 1 Courthouse Way, John Joseph Moakley Courthouse, Boston, MA 02210 and at the U.S. Environmental Protection Agency, Region 1, One Congress Street, Boston, Massachusetts 02114. 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 Censent Decree Library, please enclose a check in the amount of $104.25 (25 cents per page reproduction cost) payable to the U.S. Treasury, or if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. In requesting a copy exclusive of Appendices, please enclose a check in the amount of $14.75 (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. 08–410 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act Notice is hereby given that on January 8, 2008, a proposed Consent Decree (‘‘Taylor Borough Consent Decree’’) in United States v. City of Scranton, Civil Action No. CV–86–1591 was lodged PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 with the United States District Court for the Middle District of Pennsylvania. On November 30, 1995, the United States obtained a judgment of $1,838,579.70 plus interest for past costs against the City of Scranton (‘‘Scranton’’ or the ‘‘City’’) and others pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607 for the City’s involvement with The Taylor Borough Superfund Site (‘‘Site’’) in Taylor Borough, Pennsylvania. The judgement was reduced to $1,648,000 plus interest after one of the other liable parties paid $190,778 to EPA in settlement. The City of Scranton has agreed to pay $250,000 over 5 years (plus interest) and take over operation and maintenance at the site to resolve the United States’ outstanding judgment. Among other things, the City of Scranton’s agreement to assume operation and maintenance responsibilities at the Site requires them to maintain the landscape at the Site and conduct periodic backfilling and regrading as necessary. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Taylor Borough Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ess.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. City of Scranton, D.J. Ref. 90– 11–3–43/1. The Taylor Borough Consent Decree may be examined at the Office of the United State Attorney, 235 N. Washington Ave., Suite 311, Scranton, PA 18503 and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103–2029. During the public comment period, the Taylor Borough 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 Taylor Borough 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 enclose a check in the amount of $38.50 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices amount to the Consent Decree Library at the stated address. In requesting a copy exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of $16.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–409 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE rwilkins on PROD1PC63 with NOTICES Notice of Lodging of Consent Decree Notice is hereby given that a proposed Consent Decree with Mallinckrodt, Inc., in United States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., Civil Action No. 4:02–1488, was lodged on January 16, 2008 with the United States District Court for the Eastern District of Missouri. The United States of America (‘‘United States’’), on behalf of the Administrator of the EPA, filed a compliant against Mallinckrodt, Inc. (‘‘Mallinckrodt’’) in this matter pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607, seeking recovery of costs incurred and to be incurred in responding to the release or threat of release of hazardous substances at or in connection with the Great Lakes container Corporation Superfund Site at 42 Ferry Street in St. Louis, Missouri (‘‘Site’’). The Consent Decree resolves the United States’ claims by requiring the defendant, Mallinckrodt, to reimburse the United States for its costs in cleaning up the Site. The Consent Decree will result in the payment of $3,950,000.00 to the Superfund. 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, 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 States v. Mallinckrodt, Inc.; Shell Oil Company and Solutia, Inc., DOJ Ref. #90–11–3–07280. The proposed consent decree may be examined at the office of the United States Attorney, United States Attorney’s Office, Eastern District of Missouri, Thomas F. Eagleton VerDate Aug<31>2005 18:07 Jan 30, 2008 Jkt 214001 Courthouse, 111 South 10th Street, 20th Floor, St. Louis, MO 63102 and at the Region VII Office of the Environmental Protection Agency, 901 North 5th Street, Kansas City, KS 66101. During the public comment period, the proposed consent decree may also be examined on the Department of Justice Web site, at https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed 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 number (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 $5.25 (or $4.50, for a copy that omits the exhibits and signature pages) (25 cents per page reproduction cost) 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. Robert E. Maher, Jr., Assistant Section Chief Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–412 Filed 1–30–08; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on January 17, 2008, a proposed Consent Decree (‘‘Massey Consent Decree’’) in United States v. Massey Energy Company, et al., Civil Action No. 2:07–0299 was lodged with the United States District Court for the Southern District of West Virginia. In this action the United States sought a civil penalty and injunctive relief against Massey Energy Company, et al. for illegal discharges of pollutants into waters of the United States from its coal mines in West Virginia and Kentucky and for violating the terms of their National Pollutant Discharge Elimination System Permits (‘‘NPDES’’). The Massey Consent Decree resolves the United States’ claims against Massey Energy Company, A.T. Massey Coal Company, Massey Coal Services, Inc., and 25 of their subsidiaries (collectively ‘‘Defendants’’) for violations of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1311 and 1342. The settlement requires Defendants to pay a $20 million civil penalty and perform injunctive relief at all facilities for five years. This PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 5871 injunctive relief includes the implementation of a Discharge Monitoring Report tracking system, a protocol for responding to any future violations, internal and external audits of all treatment systems and facilities, the appointment of environmental managers responsible for environmental compliance, training on environmental compliance, independent third-party auditors to report annually to EPA on Defendants’ compliance with the terms of the Consent Decree, and stipulated penalties for NPDES permit limit violations in the next five years. The settlement also requires Defendants to perform 20 remediation projects on the Little Coal River and execute conservation easements for 200 acres of stream buffer zone as additional injunctive relief. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Massey Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed 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. Massey Energy Company, et. al., D.J. Ref. 90–5–1–1–08470. The Massey Consent Decree may be examined at the Office of the United States Attorney, 300 Virginia Street, East, Charleston, WV 25301, at U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103, and at U.S. EPA Region 4, 61 Forsyth Street, SW, Atlanta, GA 30303. During the public comment period, the Massey Consent Decree, may also be examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Massey 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 $12.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5870-5871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-409]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response Compensation and Liability Act

    Notice is hereby given that on January 8, 2008, a proposed Consent 
Decree (``Taylor Borough Consent Decree'') in United States v. City of 
Scranton, Civil Action No. CV-86-1591 was lodged with the United States 
District Court for the Middle District of Pennsylvania.
    On November 30, 1995, the United States obtained a judgment of 
$1,838,579.70 plus interest for past costs against the City of Scranton 
(``Scranton'' or the ``City'') and others pursuant to Section 107 of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (``CERCLA''), 42 U.S.C. 9607 for the City's involvement with The 
Taylor Borough Superfund Site (``Site'') in Taylor Borough, 
Pennsylvania. The judgement was reduced to $1,648,000 plus interest 
after one of the other liable parties paid $190,778 to EPA in 
settlement. The City of Scranton has agreed to pay $250,000 over 5 
years (plus interest) and take over operation and maintenance at the 
site to resolve the United States' outstanding judgment. Among other 
things, the City of Scranton's agreement to assume operation and 
maintenance responsibilities at the Site requires them to maintain the 
landscape at the Site and conduct periodic backfilling and regrading as 
necessary.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Taylor 
Borough Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to pubcomment-ess.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. City of Scranton, D.J. Ref. 90-11-3-43/1.
    The Taylor Borough Consent Decree may be examined at the Office of 
the United State Attorney, 235 N. Washington Ave., Suite 311, Scranton, 
PA 18503 and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029. During the public comment period, the Taylor 
Borough 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 Taylor Borough 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 $38.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that

[[Page 5871]]

amount to the Consent Decree Library at the stated address. In 
requesting a copy exclusive of exhibits and defendants' signatures, 
please enclose a check in the amount of $16.50 (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 08-409 Filed 1-30-08; 8:45 am]
BILLING CODE 4410-15-M
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