[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48170-48171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19710]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on August 6, 2012, a proposed Consent
Decree in United States of America v. The Gillette Company, et al.,
Civil Action No. 1:12-cv-01247-MAD-TWD, was lodged with the United
States District Court for the Northern District of New York.
The proposed Consent Decree is between Plaintiff the United States
of America, and the following Defendants: The Gillette Company; KeySpan
Gas East Corporation (d/b/a National Grid); Energizer Battery
Manufacturing, Inc.; Union Carbide Corporation; Spectrum Brands, Inc.;
Brambles Environmental, Inc.; Clean Harbors Environmental Services,
Inc.; Qwest Communications International, Inc.; Verizon New York, Inc.;
26 Railroad Ave., Inc.; A.P. Pharma, Inc.; Ajinomoto North America,
Inc.; Allegheny Ludlum, LLC; Amresco, LLC; Arizona Chemical Company,
LLC; Atmos Energy Corporation; Battery Broker Environmental Services,
Inc.; Buffalo Optical Co.; Cameron International Corp; Chemtron Corp.;
City of Lakeland; City of North Tonawanda; City of Richmond; Dukane
Corp.; East Side Jersey Dairy, Inc.; FirstEnergy Corp.; Glit, Division
of CCP, LLC; Harding Metals, Inc.; Honeywell International, Inc.;
Johnson Controls, Inc.; Los Angeles Unified School District; MDI, Inc.;
Memphis Light, Gas & Water Division; Metalor Technologies
[[Page 48171]]
USA Corp.; Orange Water and Sewer Authority; Orlando Utilities
Commission; Osram Sylvania, Inc.; Partlow West Corporation; Pioneer
Natural Resources USA, Inc.; Potomac Electric Power Company; Rutland
Regional Medical Center; Scana Corp.; Southern Union Company; Space
Systems/Loral, Inc.; Taylor School District; The M&P Lab, Inc.; The
Scripps Research Institute; TRW Automotive US, LLC; Union College;
University Hospital of Cleveland; Virginia Natural Gas; and York
International Corp. (collectively, the ``Settling Defendants''). The
Consent Decree resolves the United States' claims against the Settling
Defendants under Sections 106 and 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(``CERCLA''), 42 U.S.C. 9606, 9607(a), and resolves threatened claims
for contribution from federal agencies (the ``Settling Federal
Agencies'') with alleged liability.
Pursuant to the Consent Decree, five Settling Defendants, referred
to in the Consent Decree as ``Appendix A-1 Settling Defendants,'' will
finance and perform the selected soil, sediment and groundwater
remedies at the Site, estimated to cost $9.3 million. In addition, 26
Railroad Avenue, Inc., the Site owner, will perform certain work in
accordance with Appendix H of the Consent Decree. Further, the Appendix
A-1 Settling Defendants will reimburse the United States for its future
response costs in excess of $1 million. The remaining Settling
Defendants, and the Settling Federal Agencies, will make a financial
contribution toward the Site cleanup. The Consent Decree includes
covenants not to sue the Defendants by the United States under Sections
106 and 107(a) of CERCLA, 42 U.S.C. 9606, 9607(a), and a covenant by
EPA not to take administrative action against the Settling Federal
Agencies pursuant to Sections 106 and 107(a) of CERCLA, relating to the
Site.
The Department of Justice will receive comments relating to the
proposed Consent Decree for a period of thirty (30) days from the date
of this publication. 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 United States of America v. The Gillette Company, et al.,
Civil Action No. 1:12-cv-01247-MAD-TWD, D.J. Ref. 90-11-2-07742/7.
During the public comment period, the proposed 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 proposed
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'' ([email protected]), fax no. (202) 514-0097, phone
confirmation number (202) 514-5271. If requesting a copy by mail from
the Consent Decree Library, please enclose a check in the amount of
$89.75 ($0.25 per page reproduction cost) payable to the United States
Treasury or, if requesting by email or fax, forward a check in that
amount to the Consent Decree Library at the stated address. If
requesting a copy exclusive of appendices and the parties' signature
pages, please enclose a check in the amount of $14.25 ($0.25 per page
reproduction cost) payable to the United States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-19710 Filed 8-10-12; 8:45 am]
BILLING CODE 4410-15-P