Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act, 35506 [2010-15003]

Download as PDF 35506 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices DEPARTMENT OF JUSTICE srobinson on DSKHWCL6B1PROD with NOTICES Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on June 16, 2010, a proposed Consent Judgment in United States v. The Kasper (1977) Irrevocable Trusts, et al., No. CV–08– 4780, was lodged with the United States District Court for the Eastern District of New York. The proposed Consent Judgment resolves claims of the United States, on behalf of the Environmental Protection Agency (‘‘EPA’’), under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., in connection with the American DriveIn Cleaners Superfund Site located in Levittown, New York in Nassau County, New York (‘‘Site’’), pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9607, (‘‘CERCLA’’), against the Kasper (1977) Irrevocable Trusts for the Benefit of Charles B. Kasper and Richard J. Kasper; Sanderina R. Kasper, As Trustee of the Kasper (1977) Irrevocable Trusts for the Benefit of Charles B. Kasper and Richard J. Kasper (collectively, ‘‘Kasper Trust Defendants’’); Martin Staller, and Parviz Nezami, (collectively referred to herein as ‘‘Settling Defendants’’) and pursuant to Sections 104(e), 106(b), and 107(c)(3) of CERCLA, 42 U.S.C. 9604(e), 9606(b), and 107(c)(3), against the Kasper Trust Defendants. The Consent Judgment requires Settling Defendants to pay to the United States the total sum of $350,000 in payment for EPA’s past response costs in connection with a removal action at the Site and accrued interest. The proposed Consent Judgment provides that Settling Defendants are entitled to contribution protection as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement. The Department of Justice will receive for a period of 30 days from the date of this publication comments relating to the proposed Consent Judgment. 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. The Kasper (1977) Irrevocable VerDate Mar<15>2010 16:17 Jun 21, 2010 Jkt 220001 Trusts, et al., No. CV–08–4780 (E.D.N.Y.), D.J. Ref. 90–11–2–08284. The proposed Consent Judgment may be examined at the Office of the United States Attorney, Eastern District of New York, 271 Cadman Plaza East, 7th Fl., Brooklyn, New York 11201, and at the United States Environmental Protection Agency, Region II, 290 Broadway, New York, New York 10007–1866. During the public comment period, the proposed Consent Judgment 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 Consent Judgment 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 $5.00 (25 cents per page reproduction cost), payable to the U.S. Treasury. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2010–15003 Filed 6–21–10; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Amendment to Consent Decree Under the Clean Air Act Notice is hereby given that on June 14, 2010, a proposed Consent Decree, pertaining to United States v. Silgan Containers LLC, Civ. No. 2:1–cv–00498, was lodged with the United States District Court for the Eastern District of Wisconsin. In this action, the United States seeks civil penalties and injunctive relief for alleged violations of the Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401 to 7671q, and the requirements adopted as part of applicable State Implementation Plans at sixteen canning facilities that are currently or were formerly owned and/ or operated (directly or indirectly) by Silgan Containers LLC (‘‘Silgan’’). In several cases, Silgan is the successor to a company that owned a facility at the time of the violations in question. The alleged violations were reported by Silgan following a nationwide audit of its facilities. The facilities involved in this action are located in Tarrant, Alabama; Broadview and Rochelle, Illinois; Hammond, Indiana; Ft. Dodge, PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Iowa; Benton Harbor, Michigan; St. Paul, Minnesota; St. Joseph and Mt. Vernon, Missouri; Edison, New Jersey; Lyons, New York; Maxton, North Carolina; Toppenish, Washington (within the Yakama Nation Indian Reservation); and Oconomowoc, Menomonie, and Menomonee Falls, Wisconsin. The proposed Consent Decree would require Silgan to: (a) Pay a civil penalty of $365,000; (b) undertake injunctive relief in the form of capital improvements at Oconomowoc, Wisconsin, at a cost of approximately $1.1 million; (c) obtain a Non-Title V minor source permit at its Toppenish, Washington facility (within the Yakama Nation Indian Reservation); (d) shut down two manufacturing lines at Hoopeston, Illinois; and (e) retire certain emission credits issued by the San Joaquin Valley Air Pollution Control District (resulting in VOC emission reductions of 22.26 tpy). The complaint does not allege any violations at Silgan’s Hoopeston Facility; however, to compensate for harm to the environment at Oconomowoc, Silgan will shut down two can lines at Hoopeston, resulting in VOC emission reductions of 2.87 tons per year. Additionally, Silgan’s retirement of emission credits issued by the San Joaquin Valley Air Pollution Control District is part of the overall settlement package and does not relate to any reported violations in California or U.S. EPA Region 9. 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. Silgan Containers LLC, D.J. Ref. 90–5–2–1–08620. The proposed Consent Decree may be examined at the Office of the United States Attorney for the Eastern District of Wisconsin, 530 Federal Courthouse, 517 E. Wisconsin Avenue, Milwaukee, Wisconsin 53202 (contact Asst. U.S. Attorney Susan M. Knepel (414–297–1700). 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 E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

Department of Justice

[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Notices]
[Page 35506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15003]



[[Page 35506]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on June 16, 2010, a proposed Consent 
Judgment in United States v. The Kasper (1977) Irrevocable Trusts, et 
al., No. CV-08-4780, was lodged with the United States District Court 
for the Eastern District of New York.
    The proposed Consent Judgment resolves claims of the United States, 
on behalf of the Environmental Protection Agency (``EPA''), under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the American 
Drive-In Cleaners Superfund Site located in Levittown, New York in 
Nassau County, New York (``Site''), pursuant to Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended, 42 U.S.C. 9607, (``CERCLA''), against the Kasper 
(1977) Irrevocable Trusts for the Benefit of Charles B. Kasper and 
Richard J. Kasper; Sanderina R. Kasper, As Trustee of the Kasper (1977) 
Irrevocable Trusts for the Benefit of Charles B. Kasper and Richard J. 
Kasper (collectively, ``Kasper Trust Defendants''); Martin Staller, and 
Parviz Nezami, (collectively referred to herein as ``Settling 
Defendants'') and pursuant to Sections 104(e), 106(b), and 107(c)(3) of 
CERCLA, 42 U.S.C. 9604(e), 9606(b), and 107(c)(3), against the Kasper 
Trust Defendants. The Consent Judgment requires Settling Defendants to 
pay to the United States the total sum of $350,000 in payment for EPA's 
past response costs in connection with a removal action at the Site and 
accrued interest.
    The proposed Consent Judgment provides that Settling Defendants are 
entitled to contribution protection as provided by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Judgment. 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. The Kasper (1977) Irrevocable Trusts, et al., No. 
CV-08-4780 (E.D.N.Y.), D.J. Ref. 90-11-2-08284.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, 271 Cadman Plaza 
East, 7th Fl., Brooklyn, New York 11201, and at the United States 
Environmental Protection Agency, Region II, 290 Broadway, New York, New 
York 10007-1866. During the public comment period, the proposed Consent 
Judgment 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 Consent Judgment 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 $5.00 
(25 cents per page reproduction cost), payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-15003 Filed 6-21-10; 8:45 am]
BILLING CODE 4410-15-P

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