Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 48598-48599 [E9-22938]

Download as PDF 48598 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 20 acres of National Forest System land withdrawn for reclamation purposes. This order also opens the land to exchange. DATES: Effective Date: September 23, 2009. FOR FURTHER INFORMATION CONTACT: Duane Marti, Realty Specialist, Bureau of Land Management, at (916) 978–4675 or via e-mail at Duane_Marti@ca.blm.gov; or Janice Gordon, Realty Specialist, Forest Service, at (530) 621–5266 or via e-mail at jgordon@fs.fed.us. The land was withdrawn on behalf of the Bureau of Reclamation as part of the American River Division, Sly Park Unit of the Central Valley Reclamation Project. The land is part of the National Forest System land managed by the Eldorado National Forest. The partial revocation is needed to facilitate the completion of a pending land exchange between the Forest Service and the El Dorado Irrigation District. The land is no longer needed for reclamation purposes and the Bureau of Reclamation has concurred with the partial revocation. SUPPLEMENTARY INFORMATION: Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2006), it is ordered as follows: 1. The Bureau of Reclamation Order dated February 19, 1952, is hereby revoked insofar as it affects the following described land: Mount Diablo Meridian T. 10 N., R. 13 E., Sec. 16, W1⁄2NE1⁄4NW1⁄4. The area described contains 20 acres in El Dorado County. mstockstill on DSKH9S0YB1PROD with NOTICES 2. At 10 a.m. on September 23, 2009, the land described above will be open to exchange pursuant to the General Exchange Act of 1922, 16 U.S.C. 485 (2006), and Section 206 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1716 (2006). Dated: September 9, 2009. Wilma A. Lewis, Assistant Secretary—Land and Minerals Management. [FR Doc. E9–22846 Filed 9–22–09; 8:45 am] BILLING CODE 3410–11–P VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Consistent with Section 122(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby given that on September 17, 2009, the United States lodged a Consent Decree with the South Tahoe Public Utility District (‘‘the District’’) in United States of America v. El Dorado County, California, et al., Civil No. S–01–1520 MCE GGH (E.D. Cal.), with respect to the Meyers Landfill Site, located in Meyers, El Dorado County, California (the ‘‘Site’’). El Dorado County, California filed a Third Party Complaint for contribution against a number of third parties, including the District. The District asserted CERCLA claims against the United States Department of Agriculture, Forest Service (‘‘Forest Service’’) as well as non-CERCLA claims related to a Forest Service Special Use Permit for a portion of their sewer line. The proposed Consent Decree resolves the District’s CERCLA claims against the Forest Service and the Forest Service’s potential CERCLA claims against the District. In addition, attached to the proposed Consent Decree is a separate, related, Settlement Agreement resolving the non-CERCLA claims between the Forest Service and the District. The Settlement Agreement’s effectiveness is conditioned on the Court’s entry of the proposed Consent Decree. Under the proposed Consent Decree the District is not paying any money towards the Forest Service’s past costs, but it has agreed to provide access to its sewer line and to cooperate and to provide its expertise in implementing the OU–1 Remedy. In addition, the District will dismiss it’s CERCLA claims against the Forest Service. The District will receive from the United States a covenant not to sue or to take administrative action pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C. 9606 and 9607, as amended, for the United States’ past and future response costs at the Site. 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 Acting Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States of America v. El Dorado County, California, et al., Civil No. S–01–1520 MCE GGH (E.D. Cal.) (DOJ Ref. No. 90– 11–3–06554). The Consent Decree with the District may be examined at U.S. Department of Agriculture, Office of General Counsel, 33 New Montgomery Street, 17th Floor, San Francisco, CA 94150 (contact Rose Miksovsky, (415) 744–3158). During the public comment period, the Consent Decree with the District 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 with the District 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 number (202) 514–1547. In requesting a copy from the Consent Decree Library, please refer to United States of America v. El Dorado County, California, et al., Civil No. S–01–1520 MCE GGH (E.D. Cal.) (DOJ Ref. No. 90– 11–3–06554) (Consent Decree with District), and enclose a check in the amount of $9.00 (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 Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–22870 Filed 9–22–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on September 17, 2009, an electronic version of a proposed consent decree was lodged in the United States District Court for the Central District of California in Preservation Aviation, Inc. et al. v. United States et al., No. SACV 07–1219 SJO (AJWx). The consent decree settles the United States’ claims and counterclaims in connection with a complaint filed by Plaintiffs Preservation Aviation, Inc., Jeffrey Pearson and Ann Pearson against the United States Environmental Protection E:\FR\FM\23SEN1.SGM 23SEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices Agency (‘‘EPA’’), among others, under the Federal Tort Claims Act, 28 U.S.C. 1346 (‘‘FTCA’’), for destroying vintage aircraft instruments owned by Preservation Aviation and stored at a facility in North Hollywood, California and at a facility at the Chino Airport at 7000 Merrill Avenue, Chino, California (the ‘‘Sites’’). The United States filed a counterclaim against Preservation Aviation and Mr. Pearson under 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9607(a), for the costs of responding to a release and a threatened release of hazardous substances at and from the Preservation Aviation facility, including aircraft instruments containing radium226, a hazardous substance. The counterclaim also sought treble punitive damages and fines pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. 9607(c)(3), and Section 106(b) of CERCLA, 42 U.S.C. 9606(b), based on the failure of Preservation Aviation, Inc. and Jeffrey Pearson to comply with a Unilateral Administrative Order issued by EPA. In addition, the counterclaim sought civil penalties for an alleged failure to respond to a request for information issued by EPA pursuant to Section 104(e) of CERCLA, 42 U.S.C. 9604(e)(2). The United States has no unreimbursed costs at the Chino Airport Site and did not file a counterclaim relating to the Chino Site. Pursuant to the proposed consent decree the Plaintiffs and related corporate entities will give the United States a covenant not to sue for the Sites and dismiss their claims with prejudice. In return, the United States is giving a covenant not to sue for past and future response costs for the Sites and the penalty claims and will dismiss its claims with prejudice. 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 Preservation Aviation, Inc. et al. v. United States et al., No. SACV 07–1219 SJO (AJWx) and DOJ #90–11–2–08809/ 1. The consent decree may be examined at the Office of the United States Attorney for the Central District of California 300 North Los Angeles Street, Room 7516, Los Angeles, California 90012. During the public comment VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 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 $7.25 (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. E9–22938 Filed 9–22–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of a Consent Decree Under the the Clean Water Act Notice is hereby given that on September 17, 2009, a proposed Consent Decree in United States and State of Indiana v. City of Jeffersonville, Indiana, Civil Action No. 09–cv–0125 was lodged with the United States District Court for the Southern District of Indiana. In this action the United States and the State of Indiana seek civil penalties and injunctive relief for violations of the Clean Water Act, 33 U.S.C. 1251 et seq., in connection with the City of Jeffersonville’s operation of its municipal wastewater and sewer system. The United States’ and State of Indiana’s Complaint alleges that Jeffersonville violated the Clean Water Act and Indiana law by: (1) Discharging untreated waste water from Jeffersonville’s combined sewer system in a manner which violates the terms of the Clean Water Act and Indiana law; (2) discharging untreated waste water from Jeffersonville’s separate sanitary sewer system in violation of the Clean Water Act and Indiana law; and (3) discharging pollutants from the final effluent of the Jeffersonville Wastewater Treatment Plant at levels exceeding pollutant limits set by the Clean Water Act and Indiana law. Under the proposed Decree, the City will be required to remedy the deficiencies in the capacity, operation and maintenance of Jeffersonville’s WWTP, combined sewer system, and sanitary sewer system at an approximate PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 48599 cost of $100–150 million. Jeffersonville must make these improvements by calendar year 2020 or, if Jeffersonville demonstrates a lack of financial capability, by calendar year 2025. In addition, the proposed Decree requires Jeffersonville to pay the United States a civil penalty of $49,500 and the State of Indiana a civil penalty of $8,250, and spend at least $248,050 to build two constructed wetlands at an industrial site in the City of Jeffersonville and to improve stormwater drainage at a local park. 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 and State of Indiana v. City of Jeffersonville, Indiana, D.J. Ref. 90–5–1– 1–08723. The proposed Consent Decree may be examined at the Office of the United States Attorney, Southern District of Indiana, 10 W. Market Street, Suite 2100, Indianapolis, IN 46204 (contact Assistant United States Attorney Tom Kieper (317/226–6333)), and at U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604–3590 (contact Associate Regional Counsel John Tielsch (312/353–7447)). During the public comment period, the proposed 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 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 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 $ 22.00 (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 M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–22905 Filed 9–22–09; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48598-48599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22938]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 17, 2009, an electronic 
version of a proposed consent decree was lodged in the United States 
District Court for the Central District of California in Preservation 
Aviation, Inc. et al. v. United States et al., No. SACV 07-1219 SJO 
(AJWx). The consent decree settles the United States' claims and 
counterclaims in connection with a complaint filed by Plaintiffs 
Preservation Aviation, Inc., Jeffrey Pearson and Ann Pearson against 
the United States Environmental Protection

[[Page 48599]]

Agency (``EPA''), among others, under the Federal Tort Claims Act, 28 
U.S.C. 1346 (``FTCA''), for destroying vintage aircraft instruments 
owned by Preservation Aviation and stored at a facility in North 
Hollywood, California and at a facility at the Chino Airport at 7000 
Merrill Avenue, Chino, California (the ``Sites''). The United States 
filed a counterclaim against Preservation Aviation and Mr. Pearson 
under 107(a) of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), for the 
costs of responding to a release and a threatened release of hazardous 
substances at and from the Preservation Aviation facility, including 
aircraft instruments containing radium-226, a hazardous substance. The 
counterclaim also sought treble punitive damages and fines pursuant to 
Section 107(c)(3) of CERCLA, 42 U.S.C. 9607(c)(3), and Section 106(b) 
of CERCLA, 42 U.S.C. 9606(b), based on the failure of Preservation 
Aviation, Inc. and Jeffrey Pearson to comply with a Unilateral 
Administrative Order issued by EPA. In addition, the counterclaim 
sought civil penalties for an alleged failure to respond to a request 
for information issued by EPA pursuant to Section 104(e) of CERCLA, 42 
U.S.C. 9604(e)(2). The United States has no unreimbursed costs at the 
Chino Airport Site and did not file a counterclaim relating to the 
Chino Site.
    Pursuant to the proposed consent decree the Plaintiffs and related 
corporate entities will give the United States a covenant not to sue 
for the Sites and dismiss their claims with prejudice. In return, the 
United States is giving a covenant not to sue for past and future 
response costs for the Sites and the penalty claims and will dismiss 
its claims with prejudice.
    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 Preservation Aviation, Inc. et al. v. United States et al., 
No. SACV 07-1219 SJO (AJWx) and DOJ 90-11-2-08809/1.
    The consent decree may be examined at the Office of the United 
States Attorney for the Central District of California 300 North Los 
Angeles Street, Room 7516, Los Angeles, California 90012. 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 $7.25 (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. E9-22938 Filed 9-22-09; 8:45 am]
BILLING CODE 4410-15-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.