Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 79166 [E8-30619]

Download as PDF 79166 Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Notices time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 18, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–30620 Filed 12–23–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE mstockstill on PROD1PC66 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on November 25, 2008, an electronic version of a proposed consent decree was lodged in the United States District Court for the Western District of North Carolina in State of North Carolina et al. v. El Paso Natural Gas Company, et al., No. 5:04 CV 38 (Consolidated Cases). The consent decree settles claims by the State of North Carolina and the United States against El Paso Natural Gas Company under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), as amended, 42 U.S.C. 9607, in connection with the FCX Site, a facility approximately 1.5 miles west of downtown Statesville, Iredell County, North Carolina (the ‘‘Site’’). Under the terms of the proposed consent decree, El Paso will pay the United States $1.5 million and will pay the State of North Carolina $110,000 to resolve liability for two operable units at the Site. El Paso will also dismiss with prejudice all counterclaims filed against the United States. 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. VerDate Aug<31>2005 18:45 Dec 23, 2008 Jkt 217001 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 United States Department of Justice, P.O. Box 7611, Washington, DC 20044–7611. Comments should refer to State of North Carolina et al. v. El Paso Natural Gas Company, et al., No. 5:04 CV 38 (Consolidated Cases) and DOJ # 90–11–3–08264. During the public comment period, the proposed consent decree may also be examined on the following U.S. Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. The consent decree may be examined at the Office of the United States Attorney for the Western District of North Carolina The Carillon Bldg., 227 West Trade St., Suite 1700, Charlotte, North Carolina. A copy of the proposed Consent Decree may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, 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 refer to the referenced case and DOJ Reference Number During the public comment period, and please enclose a check in the amount of $6.75 (25 cents per page reproduction cost) payable to the U.S. Treasury, or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–30619 Filed 12–23–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act In accordance with Section 122 of the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9622, the Department of Justice gives notice that a proposed Consent Decree in United States v. Regal-Beloit Corporation, Civil No. 07–50002 (N.D. Ill.), was lodged with the United States District Court for the Northern District of Illinois on December 18, 2008, pertaining to the Evergreen Manor Groundwater PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Contamination Superfund Site (the ‘‘Site’’), located in Roscoe Township, Winnebago County, Illinois. In this action, the United States brought civil claims under Sections 107 and 113(g)(2) of CERCLA, 42 U.S.C. 9607 and 9613(g)(2), against Regal-Beloit Corporation (‘‘Regal-Beloit’’) for recovery of response costs incurred and to be incurred by the United States at the Site. Under the proposed Consent Decree, Regal-Beloit would pay $425,000 of the United States’ past response costs, and $25,000 toward the United States future response costs, at the Site to resolve the United States cost recovery claims. This is the second settlement at this Site. In the first, lodged on May 29, 2008, and pending with the Court (United States v. Waste Management of Illinois, Inc. et al., Civil No. 08–50094 (N.D. Ill.)) (‘‘Waste Management Consent Decree’’), three settling parties would implement the remedy selected by the U.S. Environmental Protection Agency (‘‘EPA’’) in the Record of Decision (‘‘ROD’’) for the Site, and to pay $550,000 in partial recovery of the United States’ past response costs incurred at the Site as well as EPA’s future costs of overseeing the implementation of the remedial action. The instant Consent Decree would not require Regal-Beloit to perform response action at the Site, however, its terms parallel, inter alia, the covenant for future liability and reopener provisions of the Waste Management 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 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 United States Department of Justice, P.O. Box 7611, Washington, DC 20044–7611, and should refer to United States v. Regal-Beloit Corporation, Civil No. 07–50002 (N.D. Ill.), and DOJ Reference No. 90–11–3–08952. The proposed Consent Decree may be examined at: (1) the Office of the United States Attorney for the Northern District of Illinois, Rockford Division, 308 West State Street, Suite 300, Rockford, Illinois 61101 ((815) 987–4444); and (2) the United States Environmental Protection Agency (Region 5), 77 West Jackson Blvd., Chicago, IL 60604–3507 (contact: John C. Matson (312) 886–2243). During the public comment period, the proposed Consent Decree may also be examined on the following U.S. Department of Justice Web site, http:// E:\FR\FM\24DEN1.SGM 24DEN1

Agencies

[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Notices]
[Page 79166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30619]


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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 November 25, 2008, an electronic 
version of a proposed consent decree was lodged in the United States 
District Court for the Western District of North Carolina in State of 
North Carolina et al. v. El Paso Natural Gas Company, et al., No. 5:04 
CV 38 (Consolidated Cases). The consent decree settles claims by the 
State of North Carolina and the United States against El Paso Natural 
Gas Company under Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``CERCLA''), as 
amended, 42 U.S.C. 9607, in connection with the FCX Site, a facility 
approximately 1.5 miles west of downtown Statesville, Iredell County, 
North Carolina (the ``Site'').
    Under the terms of the proposed consent decree, El Paso will pay 
the United States $1.5 million and will pay the State of North Carolina 
$110,000 to resolve liability for two operable units at the Site. El 
Paso will also dismiss with prejudice all counterclaims filed against 
the United States.
    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 emailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to United States Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611. Comments should 
refer to State of North Carolina et al. v. El Paso Natural Gas Company, 
et al., No. 5:04 CV 38 (Consolidated Cases) and DOJ  90-11-3-
08264.
    During the public comment period, the proposed consent decree may 
also be examined on the following U.S. Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. The consent decree may 
be examined at the Office of the United States Attorney for the Western 
District of North Carolina The Carillon Bldg., 227 West Trade St., 
Suite 1700, Charlotte, North Carolina.
    A copy of the proposed Consent Decree may also be obtained by mail 
from the Consent Decree Library, U.S. Department of Justice, P.O. Box 
7611, 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 refer to the referenced case and DOJ 
Reference Number During the public comment period, and please enclose a 
check in the amount of $6.75 (25 cents per page reproduction cost) 
payable to the U.S. Treasury, or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-30619 Filed 12-23-08; 8:45 am]
BILLING CODE 4410-15-P