Notice of Lodging of Consent Decree in United States v. Waste Management of Wisconsin, Inc., et al. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42326-42327 [E9-20081]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 42326 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices ‘‘Ninestar Respondents’’), as well as Mipo America Ltd. (‘‘Mipo America’’) and Mipo International, Ltd (collectively, the ‘‘Mipo Respondents’’). On March 18, 2008, Epson filed a third enforcement complaint against two proposed respondents: Ribbon Tree USA, Inc. (dba Cana-Pacific Ribbons) and Apex Distributing Inc.(collectively, the ‘‘Apex Respondents’’). On June 23, 2008, the Commission determined that the criteria for institution of enforcement proceedings were satisfied and instituted another formal enforcement proceeding and named the two proposed respondents as the enforcement respondents. On September 18, 2008, the ALJ issued Order No. 37, consolidating the two proceedings. On April 17, 2009, the ALJ issued his Enforcement Initial Determination (EID) in which he determined that there have been violations of the Commission’s cease and desist orders and consent order and recommended that the Commission impose civil penalties for such violations. The Ninestar Respondents filed a timely petition for review. The Commission considered the EID, the petition for review, the responses thereto, and other relevant portions of the record and determined not to review the EID on June 19, 2009. The Commission then requested separate briefing concerning the imposition of civil penalties for violation of the cease and desist orders and a consent order. Epson, the Ninestar Respondents, and the Commission investigative attorney filed written submissions and responses thereto. Based upon its consideration of the EID, the submissions of the parties, and the entire record in this proceeding, the Commission adopts the EID’s analysis concerning civil penalties, except as otherwise noted or supplemented in its order and opinion (to be issued later). However, while the Commission adopts the EID’s recommended penalty with respect to the Mipo Respondents and the Apex Respondents, the Commission has determined to impose a lesser penalty on the Ninestar Respondents. Accordingly, and subject to final adjudication of any appeal of the same, the Commission has determined to impose a civil penalty in the amount of $11,110,000 against the Ninestar Respondents, jointly and severally. Against the Mipo Respondents, the Commission has determined to impose a civil penalty in the amount of $9,700,000 jointly and severally, and the Commission has determined to impose a civil penalty in the amount of $700,000 jointly and severally against the Apex Respondents. VerDate Nov<24>2008 16:22 Aug 20, 2009 Jkt 217001 The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). Issued: August 17, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–20106 Filed 8–20–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on August 17, 2009, a proposed Consent Decree in United States v. City Of Portsmouth, New Hampshire, Civil Action No. 1:09– cv–283, was lodged with the United States District Court for the District of New Hampshire. In this action, the United States seeks, inter alia, injunctive relief in relation to discharges by the City of Lebanon, New Hampshire (City) from its combined sewer overflows (CSOs) and wastewater treatment facility, in violation of the City’s National Pollutant Discharge Elimination System Permit issued under the Clean Water Act, 33 U.S.C. 1251, et seq. The Consent Decree requires the City, among other things, to control discharges from the CSO outfalls, propose a schedule for construction of a secondary wastewater treatment facility for approval by the United States Environmental Protection Agency, and upon inclusion of the schedule in the Consent Decree, comply with the construction schedule. 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 States v. City of Portsmouth, New Hampshire, D.J. Ref. 90–5–1–1–09308. The Consent Decree may be examined at the Office of the United States Attorney, District of New Hampshire, 53 Pleasant Street, Concord, NH, and at U.S. EPA Region 1, 1 Congress Street, Boston, MA. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, to https:// PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 $18.75 (25 cents per page reproduction costs of Consent Decree and Appendices) 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. E9–20067 Filed 8–20–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree in United States v. Waste Management of Wisconsin, Inc., et al. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Notice is hereby given that on August 17, 2009, a proposed Consent Decree was lodged with the United States District Court for the Eastern District of Wisconsin in United States v. Waste Management of Wisconsin, Inc., et al., Case No. 09–cv–0135. The Consent Decree between the United States, on behalf of the U.S. Environmental Protection Agency (‘‘U.S. EPA’’), and the settling defendants relates to certain liabilities under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., in connection with the Watertown Tire Fire Site in Watertown, Wisconsin (the ‘‘Site’’). Under the proposed Consent Decree, the settling defendants are required to pay $1,000 and pursue insurance proceeds in ongoing State court litigation to reimburse costs incurred by U.S. EPA in connection with the Site. The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. 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. E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Waste Management of Wisconsin, Inc., et al., DJ Ref. No. 90– 11–3–09429. The Consent Decree may be examined at the Office of the United States Attorney for the Eastern District of Wisconsin, 517 E. Wisconsin Ave., Suite 530, Milwaukee, WI 53202–4580 by request to Assistant U.S. Attorney Matthew Richmond, and at the U.S. EPA Region V, 77 West Jackson Blvd., Chicago, IL 60604. 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 $5.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–20081 Filed 8–20–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE srobinson on DSKHWCL6B1PROD with NOTICES Notice of Lodging of Modification to Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on August 17, 2009, a proposed modification ‘‘Modification’’) to the Consent Decree in United States v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378 (SCR) (‘‘Consent Decree’’) was lodged with the United States District Court for the Southern District of New York. The Modification adds 58 potentially responsible parties to a prior Consent Decree regarding the the Consolidated Iron and Metal Company Superfund Site (the ‘‘Site’’). The Site is a former junkyard and scrap metal processing facility located in the City of Newburgh, New York. Consolidated Iron and Metal Company, Inc. (‘‘Consolidated’’) operated the facility from the 1950s until 1999. These 58 parties arranged for scrap metal containing hazardous substances to be transported to the Site VerDate Nov<24>2008 16:22 Aug 20, 2009 Jkt 217001 for treatment or disposal. Consolidated, in the course of processing scrap metal materials, contaminated the Site with hazardous substances, including lead, polychlorinated biphenyls and volatile organic compounds. Under the Modification, $426,220 will be paid on behalf of these 58 parties to the United States. Under the Modification, the 58 parties will receive a covenant not to sue regarding the Site from the United States, on behalf of the Environmental Protection Agency (‘‘EPA’’), under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9607, and contribution protection regarding the Site under section 113 of the CERCLA, 42 U.S.C. 9613. 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, 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. City of Newburgh, et al., D.J. Ref. 90–11–3–07979/2. The Modification may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York, New York 10007–1866. During the public comment period, the Modification may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Modification 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 $4.75 (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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 42327 Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–20144 Filed 8–20–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–0224] Office of Juvenile Justice and Delinquency Prevention; Agency Information Collection Activities: Extension of a Currently Approved Collection; Comment Request ACTION: 30-day notice of information collection under review: National Youth Gang Survey. The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection request is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register, Volume 74, Number 112, pages 28068–28069, on June 12, 2009, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until September 21, 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, 725 17th Street, NW., Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–3888. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42326-42327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20081]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in United States v. Waste 
Management of Wisconsin, Inc., et al. Under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA)

    Notice is hereby given that on August 17, 2009, a proposed Consent 
Decree was lodged with the United States District Court for the Eastern 
District of Wisconsin in United States v. Waste Management of 
Wisconsin, Inc., et al., Case No. 09-cv-0135. The Consent Decree 
between the United States, on behalf of the U.S. Environmental 
Protection Agency (``U.S. EPA''), and the settling defendants relates 
to certain liabilities under the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in 
connection with the Watertown Tire Fire Site in Watertown, Wisconsin 
(the ``Site''). Under the proposed Consent Decree, the settling 
defendants are required to pay $1,000 and pursue insurance proceeds in 
ongoing State court litigation to reimburse costs incurred by U.S. EPA 
in connection with the Site.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. 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.

[[Page 42327]]

Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Waste Management of Wisconsin, Inc., et al., DJ Ref. 
No. 90-11-3-09429.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Eastern District of Wisconsin, 517 E. Wisconsin 
Ave., Suite 530, Milwaukee, WI 53202-4580 by request to Assistant U.S. 
Attorney Matthew Richmond, and at the U.S. EPA Region V, 77 West 
Jackson Blvd., Chicago, IL 60604. 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 $5.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-20081 Filed 8-20-09; 8:45 am]
BILLING CODE 4410-15-P
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