Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 33278 [E9-16308]

Download as PDF 33278 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices environmental consequences was assessed and appropriate mitigating measures were identified. The Record of Decision includes a description of the project’s background, a statement of the decision made, synopses of other alternatives considered, the basis for the decision, findings on impairment of park resources and values, a description of the environmentally preferred alternative, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process. Dated: June 2, 2009. Margaret O’Dell, Regional Director, National Capital Region. [FR Doc. E9–16329 Filed 7–9–09; 8:45 am] BILLING CODE 4312–59–P DEPARTMENT OF JUSTICE sroberts on DSKD5P82C1PROD with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on June 29, 2009, a proposed Consent Decree in United States of America v. AlcatelLucent USA Inc., et al., Civil Action No. 09–CV–2902, was lodged with the United States District Court for the Eastern District of Pennsylvania. In this action the United States sought to recover from the defendants response costs incurred by the United States Environmental Protection Agency (‘‘EPA’’) in responding to releases or threatened releases of hazardous substances at or from the Heleva Landfill Site, located in North Whitehall Township, Lehigh County, Pennsylvania (the ‘‘Site’’). The Consent Decree memorializes the settlement that requires the settling parties, AlcatelLucent USA Inc. as successor in interest to AT&T Inc., Olin Corporation, and Pfizer Inc., to reimburse EPA’s past and future response costs related to the Site. The Consent Decree requires the settling parties to pay to the EPA Hazardous Substance Superfund the principal sum of $603,047.49 plus interest, in two installments. The first payment of $433,553.75 is due within forty-five (45) days of entry of the Consent Decree. The second payment of $169,493.74, plus interest, is due within two hundred and seventy (270) days of entry of the Consent Decree. The Consent Decree also requires that the settling parties pay future response costs incurred by EPA. The Department of Justice will receive for a period of thirty (30) days from the VerDate Nov<24>2008 22:16 Jul 09, 2009 Jkt 217001 date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environmental 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 of America v. Alcatel-Lucent USA Inc., et al., Civil Action No. 09–CV– 2902 (E.D. Pa.), D.J. Ref. 90–11–2–684/ 1. The Decree may be examined at the Office of the United States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the 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 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 $9.25 (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. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–16308 Filed 7–9–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Public Comment Period for Proposed Consent Decree and Settlement Agreement Under the Clean Air Act, RCRA and CERCLA Under 28 CFR 50.7, notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Consent Decree and Settlement Agreement (‘‘Decree’’) in In Re: G–I Holdings, Inc., et al., (Bankr. Case Nos. 01–30135 (RG) and 01–38790 (RG) and United States v. G–I Holdings, Inc. (Adversary Proceeding No. 08–2531 (RG), which was lodged with the U.S. Bankruptcy Court for the District of New Jersey on July 2, 2009. The United States, on PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 behalf of U.S. Environmental Protection Agency (‘‘EPA’’), U.S. Department of the Interior (‘‘DOI’’), the U.S. National Oceanic and Atmospheric Administration (‘‘NOAA’’), the State of Vermont, and the debtor, G–I Holdings, Inc. (‘‘G–I’’) entered into the settlement under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq.; the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq.; the Clean Air Act, 42 U.S.C. 7401 et seq.; the Federal Water Pollution Control Act (‘‘FWPCA’’), 33 U.S.C. 1251 et seq.; and Title 10, Vermont Annotated Statutes §§ 1259, 1274, 6610a, 6615 and 6616. The proposed Decree would resolve the proofs of claim of the United States on behalf of EPA, DOI and NOAA, and the State of Vermont, and would also resolve the Adversary Proceeding United States v. G. Holdings, Inc., Adv. Pro. No. 08–2531 (RG), which seeks injunctive relief against G–I under section 303 of the Clean Air Act, 42 U.S.C. 7603, and section 7003 of RCRA, 42. U.S.C. 6973. The Decree addresses 13 hazardous waste sites across the country, including the Vermont Asbestos Mine Group Site (‘‘the VAG Site’’), in Eden and Lowell, Vermont. Under the terms of the settlement, G–I will establish and fund a Custodial Trust which will take immediate steps to secure the VAG Site by constructing fencing, gates and road barriers, and posting security guards. In addition, the Custodial Trust will conduct air monitoring and dust suppression, if determined to be necessary, and will assist and/or contribute to the off-site investigative and abatement work undertaken by EPA and the State of Vermont, over eight years, at a cost of up to $7.75 million. The proposed settlement also requires G–I to reimburse EPA for remediation of the VAG Site and off-site locations where waste from the mine may be located up to $300 million paid at 8.6 cents on the dollar. The United States’ and Vermont’s claims for natural resource damages are resolved through a series of payments over nine years totaling $850,000. The settlement also resolves EPA’s claims for past and future response costs and NOAA’s claim for natural resource damages at nine Generator Sites for $104,615. Finally, under the terms of the settlement the United States has up to 10 years to file suit to collect on monetary claims related to three sites in New Jersey and New York, the GAF Chemicals Site, the LCP Chemicals Inc. Superfund Site, and the Diamond Alkali Superfund Site, referred to as the E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16308]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on June 29, 2009, a proposed Consent 
Decree in United States of America v. Alcatel-Lucent USA Inc., et al., 
Civil Action No. 09-CV-2902, was lodged with the United States District 
Court for the Eastern District of Pennsylvania.
    In this action the United States sought to recover from the 
defendants response costs incurred by the United States Environmental 
Protection Agency (``EPA'') in responding to releases or threatened 
releases of hazardous substances at or from the Heleva Landfill Site, 
located in North Whitehall Township, Lehigh County, Pennsylvania (the 
``Site''). The Consent Decree memorializes the settlement that requires 
the settling parties, Alcatel-Lucent USA Inc. as successor in interest 
to AT&T Inc., Olin Corporation, and Pfizer Inc., to reimburse EPA's 
past and future response costs related to the Site.
    The Consent Decree requires the settling parties to pay to the EPA 
Hazardous Substance Superfund the principal sum of $603,047.49 plus 
interest, in two installments. The first payment of $433,553.75 is due 
within forty-five (45) days of entry of the Consent Decree. The second 
payment of $169,493.74, plus interest, is due within two hundred and 
seventy (270) days of entry of the Consent Decree. The Consent Decree 
also requires that the settling parties pay future response costs 
incurred by EPA.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environmental 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 of America v. Alcatel-Lucent USA Inc., et al., Civil 
Action No. 09-CV-2902 (E.D. Pa.), D.J. Ref. 90-11-2-684/1.
    The Decree may be examined at the Office of the United States 
Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, Suite 
1250, Philadelphia, PA 19106, and at U.S. EPA Region III, 1650 Arch 
Street, Philadelphia, PA 19103. During the public comment period, the 
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 
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 $9.25 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-16308 Filed 7-9-09; 8:45 am]
BILLING CODE 4410-15-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.