Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 58047 [E9-27035]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices 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. Township of Brick, New Jersey, D.J. Ref. 90–11–3–09738. During the public comment period, the 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 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 $ 28.50 (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. E9–26973 Filed 11–9–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE srobinson on DSKHWCL6B1PROD with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) Notice is hereby given that on November 4, 2009, a proposed consent decree (‘‘proposed Decree’’) in United States v. Alabama Plating Co., et al., Civil Action No. 2:08–cv–01422, was lodged with the United States District Court for the Northern District of Alabama, Southern Division. In this action under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607(a) (‘‘CERCLA’’), the United States sought to recover response costs incurred or to be incurred by the United States as a result of releases and threatened releases of hazardous VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 substances at the Alabama Plating Superfund Site, a former electroplating and hot-dip galvanizing facility located in Vincent, Shelby County, Alabama. The proposed Decree requires the defendants to pay $720,000 to the United States in reimbursement of past and future response costs, and provides the defendants with a covenant not to sue under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed 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. Alabama Plating Co., et al., D.J. Ref. 90–7–1–06380/1. The proposed Decree may be examined at the Office of the United States Attorney for the Northern District of Alabama, 1801 Fourth Avenue North, Birmingham, AL 35203–2101, and at U.S. EPA Region 4, 61 Forsythe Street, SW., Atlanta, GA 30303. During the public comment period, the proposed 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 proposed 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 $8.00 (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 Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–27035 Filed 11–9–09; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on October 28, 2009, a proposed consent decree in United PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 58047 States v. Lennar Communities Development, Inc., Civil No. CIV–09– 2252–PHX–FJM, was lodged with the United States District Court for the District of Arizona. This Consent Decree will address claims asserted by the United States in a complaint filed contemporaneously with the Consent Decree against Lennar Communities Development, Inc. (LCD) for civil penalties and injunctive relief under Section 113(b) of the Clean Air Act (the Act), 42 U.S.C. 7413(b), for failure to install suitable trackout control devices and failure to immediately clean up trackout while conducting earthmoving in violation of Rule 2 Regulation 1, and Rule 310 of Regulation 3 of the Maricopa County Air Quality Department (MCAQD) which are part of the federally approved and federally enforceable State Implementation Plan (SIP) submitted to EPA by the State of Arizona pursuant to Section 110 of the Act, 42 U.S.C. 7410. The proposed Consent Decree provides for the payment of $38,425 in civil penalties and implementation of a supplemental environmental project at a cost of not less than $144,094. The Consent Decree also includes measures designed to abate fugitive dust emissions which include installation of trackout control devices at its work sites; employing a dust control monitor at sites with 5 acres or more of surface; and requiring dust control training for employees and certain employees of sub-contractors whose job responsibilities involve dust generating operations. The Department of Justice will receive for a period of thirty (30) days from the date of the 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. Lennar Communities Development, Inc., D.J. Ref. 90–5–2–1– 08655. The Consent Decree may be examined at the Office of the United States Attorney for the District of Arizona, Two Renaissance Square, 40 N. Central Avenue, Suite 1200, Phoenix, Arizona 85004–4408, and at U.S. Environmental Protection Agency, Region 9, Office of Regional Counsel, 75 Hawthorne Street, San Francisco, California 94105. 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/ E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Page 58047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27035]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'')

    Notice is hereby given that on November 4, 2009, a proposed consent 
decree (``proposed Decree'') in United States v. Alabama Plating Co., 
et al., Civil Action No. 2:08-cv-01422, was lodged with the United 
States District Court for the Northern District of Alabama, Southern 
Division.
    In this action under Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 
9607(a) (``CERCLA''), the United States sought to recover response 
costs incurred or to be incurred by the United States as a result of 
releases and threatened releases of hazardous substances at the Alabama 
Plating Superfund Site, a former electroplating and hot-dip galvanizing 
facility located in Vincent, Shelby County, Alabama. The proposed 
Decree requires the defendants to pay $720,000 to the United States in 
reimbursement of past and future response costs, and provides the 
defendants with a covenant not to sue under Sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a).
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed 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. Alabama Plating Co., et al., D.J. Ref. 90-7-1-
06380/1.
    The proposed Decree may be examined at the Office of the United 
States Attorney for the Northern District of Alabama, 1801 Fourth 
Avenue North, Birmingham, AL 35203-2101, and at U.S. EPA Region 4, 61 
Forsythe Street, SW., Atlanta, GA 30303. During the public comment 
period, the proposed 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 proposed 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 $8.00 
(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 Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-27035 Filed 11-9-09; 8:45 am]
BILLING CODE 4410-15-P
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