[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Page 29361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11907]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on May 10, 2012, a proposed Consent
Decree was lodged with the United States District Court for the
District of Massachusetts in United States v. Bayer CropScience Inc. et
al., Civil Action No. 1:12-cv-10847-WGY. In this action, the United
States filed a complaint, also on May 10, 2012, under Section 107(a) of
the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. 9607(a), alleging that Bayer CropScience Inc. and
Pharmacia Corporation (``Settling Defendants'') are liable for damages
for injury to, destruction of, or loss of natural resources, including
the reasonable cost of assessing such injury, destruction, or loss, at
the Industri-plex Superfund Site, located in Woburn, Massachusetts. The
Commonwealth of Massachusetts filed a similar complaint on the same
date. Commonwealth of Massachusetts v. Bayer CropScience Inc. et al.,
Civil Action No. 1:12-cv-10849. At the same time as it filed its
complaint, the United States lodged a proposed Consent Decree, entered
into by the United States, the Commonwealth of Massachusetts, and the
Settling Defendants, which resolves those claims and which requires the
Settling Defendants to (a) pay $3,812,127 to the Department of the
Interior's Natural Resource Damage Assessment and Restoration Fund, to
be used by the federal and state natural resource trustees to implement
natural resource restoration projects and to reimburse their
administrative costs associated with such projects, (b) pay $357,319 to
the United States to reimburse the United States Department of the
Interior for its assessment costs, (c) pay $42,815 to the United States
to reimburse the National Oceanic and Atmospheric Administration for
its assessment costs, and (d) pay $37,739 to the Commonwealth of
Massachusetts to reimburse the Massachusetts Executive Office of Energy
and Environmental Affairs for its assessment costs.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed 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. Bayer CropScience Inc., D.J. Ref. 90-11-2-
228/7. Comments may also be submitted by email to pubcomment-ees.enrd@usdoj.gov. A copy of the comments should be sent to Donald G.
Frankel, Senior Counsel, Environmental Enforcement Section, Department
of Justice, Suite 616, One Gateway Center, Newton, MA 02458
(donald.frankel@usdoj.gov).
During the public comment period, the Consent Decree may be
examined on the following Department of Justice Web site, http://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 emailing a request to ``Consent Decree Copy''
(EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514-0097, phone confirmation
number (202) 514-5271. In requesting a copy of the Consent Decree from
the Consent Decree Library, please enclose a check in the amount of
$5.50 (25 cents per page reproduction cost) payable to the U.S.
Treasury (if the request is by fax or email, forward a check to the
Consent Decree library at the address stated above).
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-11907 Filed 5-16-12; 8:45 am]
BILLING CODE 4410-15-P