Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 42801 [2013-17080]

Download as PDF Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices Issued: July 11, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–17081 Filed 7–16–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE ehiers on DSK2VPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On July 9, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Florida, Southern Division in the lawsuit entitled United States of America v. Stewart Gammill III. Civil Action No. 1:12cv134 HSO–RHW. The United States had filed a complaint against Stewart Gammill (Mr. Gammill) and his spouse Lynn Crosby Gammill (Mrs. Gammill) on April 30, 2012. The complaint alleged claims of the United States against Mr. and Mrs. Gammill under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA), 42 U.S.C. 9607(a), for recovery of unreimbursed costs incurred by the United States with respect to the Picayune Wood Treating Superfund Site located in Picayune, Pearl River County, Mississippi (the Site). Mr. Gammill is liable as a past owner and operator of Crosby Wood Preserving Company a woodtreating facility on a portion of the Site from 1964 through at least 1970. The United States has agreed to resolve the claims against Stewart Gammill only on an ability to pay basis. Under the proposed Consent Decree, Mr. Gammill will pay two million dollars ($2,000,000) in no more than two installments with the first installment payment of no less than one million dollars ($1,000,000) due within 60 days of the Decree entry. The subsequent installment payment of the remaining balance is due 120 days after the effective date and shall include an additional sum for interest accrued on the unpaid portion of the principal amount. Under the proposed Consent Decree, the United States covenants not to sue under CERCLA Sections 106 and 107 subject to statutory reopeners and other reserved rights. The covenants are conditioned upon the satisfactory performance of all obligations under the Consent Decree and upon the veracity and completeness of all financial information provided by Mr. Gammill. VerDate Mar<15>2010 14:23 Jul 16, 2013 Jkt 229001 The United States is still pursuing its claim against Mrs. Gammill in this action. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America v. Stewart Gammill III. Civil Action No. 1:12cv134 HSO–RHW; D.J. Ref. No. 90–11–2– 09451/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: Send them to: By email ....... By mail ......... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044– 7611. During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ B ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $4.75 (25 cents per page reproduction costs for 19 pages) payable to the United States Treasury. Maureen M. Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–17080 Filed 7–16–13; 8:45 am] 1319(e), Civil Action No. 7:13-cv-144– BO. The Consent Decree resolves claims against the Defendants under Sections 301 and 402 of the Clean Water Act (the ‘‘Act’’), 33 U.S.C. 1311 and 1342, for discharges of pollutants from unpermitted point sources, and for violations of operation and maintenance requirements of the Defendants’ National Pollutant Discharge Elimination System (‘‘NPDES’’) permits from at least 2003 through the date of filing of the complaint and the lodging of this Consent Decree. The Consent Decree requires the Cape Fear Public Utility Authority (the ‘‘Authority’’) to implement injunctive relief within approximately two years from entry of the Consent Decree with the goal of eliminating sanitary sewer overflows (‘‘SSOs’’). The Consent Decree sets forth specific actions the Authority must take to achieve compliance with the Act. In addition, the Consent Decree requires the payment of a civil penalty of $300,000. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. City of Wilmington, New Hanover County, and Cape Fear Public Utility Authority,(the ‘‘Defendants’’) and the State of North Carolina, D.O.J. No. 90–5–1–1–09405. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcommentees.enrd@usdoj.gov. Assistant Attorney General U.S. DOJ—ENRD P.O. Box 7611 Washington, DC 20044–7611 By mail ......... BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 11, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of North Carolina (Southern Division) in the lawsuit entitled United States v. City of Wilmington, N.C., New Hanover County, N.C., and Cape Fear Public Utility Authority, (the ‘‘Defendants’’) and the State of North Carolina, as a Necessary Party required by 33 U.S.C. Section PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 42801 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $14.75 (25 cents per page E:\FR\FM\17JYN1.SGM 17JYN1

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[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Page 42801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17080]


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DEPARTMENT OF JUSTICE


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

    On July 9, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Florida, Southern Division in the lawsuit entitled United 
States of America v. Stewart Gammill III. Civil Action No. 1:12cv134 
HSO-RHW.
    The United States had filed a complaint against Stewart Gammill 
(Mr. Gammill) and his spouse Lynn Crosby Gammill (Mrs. Gammill) on 
April 30, 2012. The complaint alleged claims of the United States 
against Mr. and Mrs. Gammill under Section 107(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended 
(CERCLA), 42 U.S.C. 9607(a), for recovery of unreimbursed costs 
incurred by the United States with respect to the Picayune Wood 
Treating Superfund Site located in Picayune, Pearl River County, 
Mississippi (the Site). Mr. Gammill is liable as a past owner and 
operator of Crosby Wood Preserving Company a woodtreating facility on a 
portion of the Site from 1964 through at least 1970.
    The United States has agreed to resolve the claims against Stewart 
Gammill only on an ability to pay basis. Under the proposed Consent 
Decree, Mr. Gammill will pay two million dollars ($2,000,000) in no 
more than two installments with the first installment payment of no 
less than one million dollars ($1,000,000) due within 60 days of the 
Decree entry. The subsequent installment payment of the remaining 
balance is due 120 days after the effective date and shall include an 
additional sum for interest accrued on the unpaid portion of the 
principal amount.
    Under the proposed Consent Decree, the United States covenants not 
to sue under CERCLA Sections 106 and 107 subject to statutory reopeners 
and other reserved rights. The covenants are conditioned upon the 
satisfactory performance of all obligations under the Consent Decree 
and upon the veracity and completeness of all financial information 
provided by Mr. Gammill. The United States is still pursuing its claim 
against Mrs. Gammill in this action.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America v.  Stewart Gammill III. Civil 
Action No. 1:12cv134 HSO-RHW; D.J. Ref. No. 90-11-2-09451/1. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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                                                 Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General,
                                      U.S. DOJ--ENRD,
                                      P.O. Box 7611,
                                      Washington, D.C. 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to:
    Consent Decree Library, U.S. DOJ B ENRD, P.O. Box 7611, Washington, 
DC 20044-7611.
    Please enclose a check or money order for $4.75 (25 cents per page 
reproduction costs for 19 pages) payable to the United States Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-17080 Filed 7-16-13; 8:45 am]
BILLING CODE 4410-15-P