Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 69645 [2020-24277]

Download as PDF Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices Gary would also be required to carry out enhanced monitoring and maintenance requirements and follow certain standard operating procedures, attached to the Consent Decree as appendices. The proposed Consent Decree requires Gary to pay a $20,000 civil penalty. 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 Gary, Indiana, D.J. Ref. No. 90–5–2–1–11714. 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 ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. 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 $37.75 (25 cents per page reproduction cost) payable to the United States Treasury. Patricia McKenna, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–24262 Filed 11–2–20; 8:45 am] BILLING CODE 4410–15–P khammond on DSKJM1Z7X2PROD with NOTICES DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) On October 28, 2020, the Department of Justice filed a complaint and simultaneously lodged a proposed consent decree with the United States District Court for the District of New Jersey in the lawsuit entitled United States of America v. Linde Inc. f/k/a VerDate Sep<11>2014 16:55 Nov 02, 2020 Jkt 253001 Praxair, Inc., Civil Action No. 3:20–cv– 15103. The United States seeks reimbursement of response costs incurred under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) from Linde Inc. f/k/a Praxair, Inc. (‘‘Settling Defendant’’) for response actions at or in connection with the release or threatened release of hazardous substances at the LCP Chemicals, Inc. Superfund Site (the ‘‘Site’’) in Linden, New Jersey. Under the proposed consent decree, Settling Defendant will pay $10 million to the United States to resolve its liability for past and future response costs. Settling Defendant reserves the right to assert claims against the United States under Section 113(f)(3)(B) of CERCLA, 42 U.S.C. 9613(f)(3)(B), arising from the United States’ ownership of General Aniline & Film stock and alleged ownership and/or operation of the Site between 1942 and 1965. In return, the United States covenants not to sue or to take administrative action against Settling Defendant pursuant to Sections 106, 107(a), and 107(c)(3) of CERCLA, 42 U.S.C. 9606, 9607(a), and 9607(c)(3), or under Section 7003 of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6973. The United States reserves the right to institute separate proceedings against Settling Defendant if previously unknown conditions on or information about the 2.1-acre leasehold of the Site formerly operated by Settling Defendant’s predecessors are discovered, and these previously unknown conditions or information indicate that the remedial action is not protective of human health or the environment. The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, Environmental Enforcement Section, and should refer to United States of America v. Linde Inc. f/k/a Praxair, Inc., D.J. Ref. No. 90–11–3–11134. 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 ....... pubcomment-ees.enrd@ usdoj.gov. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 69645 To submit comments: Send them to: By mail ......... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Under Section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. During the public comment period, the consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. 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 $5.75 (25 cents per page reproduction cost) payable to the United States Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–24277 Filed 11–2–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Extension of Public Comment Period On September 29, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Colorado in the lawsuit entitled United States and the State of Colorado v. TCI Pacific Communications, LLC, Civil Action No. 1:20–cv–02939–KLM. The proposed Consent Decree would resolve claims the United States and State of Colorado have brought pursuant to Sections 106, 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9606, 9607(a) and 9613(g)(2), against TCI Pacific Communications, LLC (‘‘TCI’’) related to Operable Unit 1 (‘‘OU1’’) of the Eagle Mine Superfund Site (‘‘Site’’) located approximately five miles south of Minturn, Colorado. The Consent Decree requires TCI to meet water treatment standards for arsenic and other metals at the Site’s water treatment plant, collect and treat contaminated groundwater from defined areas, obtain institutional controls to restrict activities that would interfere with the remedy, conduct defined E:\FR\FM\03NON1.SGM 03NON1

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[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Page 69645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24277]


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DEPARTMENT OF JUSTICE


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

    On October 28, 2020, the Department of Justice filed a complaint 
and simultaneously lodged a proposed consent decree with the United 
States District Court for the District of New Jersey in the lawsuit 
entitled United States of America v. Linde Inc. f/k/a Praxair, Inc., 
Civil Action No. 3:20-cv-15103.
    The United States seeks reimbursement of response costs incurred 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') from Linde Inc. f/k/a 
Praxair, Inc. (``Settling Defendant'') for response actions at or in 
connection with the release or threatened release of hazardous 
substances at the LCP Chemicals, Inc. Superfund Site (the ``Site'') in 
Linden, New Jersey.
    Under the proposed consent decree, Settling Defendant will pay $10 
million to the United States to resolve its liability for past and 
future response costs. Settling Defendant reserves the right to assert 
claims against the United States under Section 113(f)(3)(B) of CERCLA, 
42 U.S.C. 9613(f)(3)(B), arising from the United States' ownership of 
General Aniline & Film stock and alleged ownership and/or operation of 
the Site between 1942 and 1965. In return, the United States covenants 
not to sue or to take administrative action against Settling Defendant 
pursuant to Sections 106, 107(a), and 107(c)(3) of CERCLA, 42 U.S.C. 
9606, 9607(a), and 9607(c)(3), or under Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The United 
States reserves the right to institute separate proceedings against 
Settling Defendant if previously unknown conditions on or information 
about the 2.1-acre leasehold of the Site formerly operated by Settling 
Defendant's predecessors are discovered, and these previously unknown 
conditions or information indicate that the remedial action is not 
protective of human health or the environment.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States of 
America v. Linde Inc. f/k/a Praxair, Inc., D.J. Ref. No. 90-11-3-11134. 
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............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    Under Section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. 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 $5.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-24277 Filed 11-2-20; 8:45 am]
BILLING CODE 4410-15-P

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