[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30324-30325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12301]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Two Consent Decrees
Notice is hereby given that on May 15, 2012, two proposed Consent
Decrees were lodged with the United States District Court for the
Central District of California. Both Consent Decrees were lodged in the
case United States et al. v. Seachrome Corp. et al, Civil Action No.
2:02-cv-4565 ABC (RCx) (C.D. Cal.) (``Seachrome'').
In Seachrome, the United States of America (``United States''), on
behalf of the Administrator of the United States Environmental
Protection Agency (``EPA''), and the California Department of Toxic
Substances Control (``Department''), filed a complaint pursuant to
Section 107 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. Sec.
9607, seeking reimbursement of response costs incurred or to be
incurred for response actions taken in connection with the release or
threatened release of hazardous substances at the South El Monte
Operable Unit of the San Gabriel Valley Area 1 Superfund Site in South
El Monte, Los Angeles County, California (the ``South El Monte O.U.'').
Under the first proposed Consent Decree, nine potentially
responsible parties (``PRPs'') with respect to the South El Monte O.U.
will pay a total of about $4.625 million. The nine PRPs are: Astro
Seal, Inc.; EBA, Inc. d/b/a Earl Butler Associates; New Air, Inc.;
Pacific Coast Drum Company; Art Weiss, Art Weiss, Inc., and Del Ray
Industrial Enterprises, Inc. (``Art Weiss Defendants''); Craneveyor
Corp.; M&T, LLC; Mary Brkich; and Quaker Chemical Corp., the first five
of which are settling based on an amount commensurate with their
limited ability to pay. In exchange for the ability to pay payments,
the plaintiffs covenant not to sue the ability to pay settling
defendants under Section 106 or 107 of CERCLA with respect to the South
El Monte O.U. In exchange for the payments from the other four parties,
the plaintiffs covenant not to sue those parties under Section 106 or
107 of CERCLA with respect to past response costs, the interim remedy
for volatile organic compounds, or for perchlorate.
Under the second proposed Consent Decree, the settling party,
Seachrome Corporation, will pay a total of about $960,000. The
settlement amount is based on Seachrome Corporation's limited ability
to pay. In exchange for the ability to pay payment, the plaintiffs
covenant not to sue Seachrome Corporation under Section 106 or 107 of
CERCLA with respect to the South El Monte O.U.
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 Decrees. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
either emailed to [email protected] or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to this case: United States et al. v. Seachrome Corp. et al,
Civil Action No. 2:02-cv-4565 FMC (C.D. Cal.), D.J. Ref. 90-11-2-09121/
5.
The proposed Consent Decrees may be examined at the Environmental
Protection Agency, Office of Regional Counsel, 75 Hawthorne St., San
Francisco, California 94105. During the public comment period, the
Consent Decrees may also be examined on the following Department of
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A
copy of the proposed Consent Decrees 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'' ([email protected]), fax no. (202) 514-
0097, phone confirmation no. (202) 514-5271. In requesting a copy from
the Consent Decree Library, please enclose a check payable to the
``U.S. Treasury'' or, if by email or fax, forward a check to the
Consent Decree Library at the stated address, in the following amounts
(25 cents per page reproduction cost): $8.75 for the first proposed
Consent Decree (without attachments), which involves nine parties, or
$6.75 for the second
[[Page 30325]]
proposed Consent Decree (without attachments), which involves one
party.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-12301 Filed 5-21-12; 8:45 am]
BILLING CODE 4410-15-P