[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Page 8112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3011]


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DEPARTMENT OF JUSTICE


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

    In accordance with 28 U.S.C. 50.7, notice is hereby given that on 
January 31, 2005, a proposed consent Decree in United States v. 
Thomasville Furniture Industries, Inc. et al., Civ. No. 6:05CV00001, 
was lodged with the United States District Court for the Western 
District of Virginia.
    The proposed consent decree would resolve the United States' 
claims, on behalf of the Environmental Protection Agency (``EPA''), 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), 
against Thomasville Furniture Industries, Inc., (``Thomasville''), 
Univar U.S.A., Inc. (``Univar''), and Buckingham County, a political 
subdivision of the Commonwealth of Virginia, to recover costs incurred 
by the United States in performing response actions at the Buckingham 
County Landfill Superfund Site (``Site'') in Dillwyn, Virginia as set 
forth in the terms of the decree.
    Both Thomasville and Univar are liable for the United States' 
response costs under Section 107(a)(3) of CERCLA, 42 U.S.C. 9607(a)(3), 
because they, or their predecessors, arranged for disposal of CERCLA 
listed hazardous materials at the Site which led to a release of 
hazardous substances causing EPA to incur response costs. Buckingham 
County is liable for the United States' response costs under Section 
107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1), as the current owner and 
operator of the Site.
    Under the terms of the Consent Decree, Thomasville, Univar, and 
Buckingham County have agreed to pay $1,976,000 of EPA's unreimbursed 
response costs of $2,052,458.26 at the Site. The United States has 
reserved its right to pursue an additional $171,688, incurred to 
implement a discrete drum removal action at the Site in 1999, from 
Buckingham County in a separate action. The proposed settlement 
addresses past costs only, and thus the Consent Decree reserves all 
parties' rights with regard to future costs, except for the Defendants' 
statute of limitations defenses.
    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, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Thomasville Furniture Industries, Inc. et al., Civ. 
No. 6:05CV00001, D.J. Ref. 90-11-2-07971.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Western District of Virginia, 105 Franklin 
Road, SW., Suite 1, Roanoke, VA 24011. During the public comment 
period, the Consent Decree may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/open.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 of the Consent 
Decree from the Consent Decree Library, please enclose a check in the 
amount of $22.50 (90 pages at 25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-3011 Filed 2-16-05; 8:45 am]
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