[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Pages 58409-58410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23146]
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DEPARTMENT OF JUSTICE
Amended Notice of Lodging of Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
This Notice amends and replaces the original notice published on
September 6, 2012, 77 Fed. Reg. 54926-54927. Notice is hereby given
that on August 28, 2012, a proposed Consent Decree in United States v.
Cornell-Dubilier Electronics, Inc., Civil Action No. 12-cv-05407 JLL-
MAH, was lodged with the United States District Court for the District
of New Jersey.
The proposed Consent Decree resolves the United States' and the
State of New Jersey's cost recovery and natural resource damages claims
against Cornell-Dubilier Electronics, Inc. (``CDE'') under Section
107(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., relating to the
Cornell-Dubilier Electronics, Inc. Superfund Site (``Site'') located in
South Plainfield, New Jersey. EPA has performed cleanup work at the
Site using funds from the Superfund and will continue to do so. The
Consent Decree includes covenants not to sue under Sections 106 and 107
of CERCLA and Section 7003 of the Resource Conservation and Recovery
Act (``RCRA''), 42 U.S.C. 6973.
In the proposed Consent Decree, CDE, an ability to pay party, and
the United States and New Jersey agree to a stipulated judgment amount,
80 percent of the sum of the response cost and natural resource damage
claims of the United States and New Jersey, or $367,453,449. CDE has
agreed to pay, on a sliding scale, between 75 to 100 percent of
portions of its insurance recoveries to the United States and New
Jersey. In addition to payment of the potential recovery of insurance
proceeds, CDE will make payments over three years totaling $1.11
million to the United States and New Jersey. All of these CDE payments
will be divided between EPA, New Jersey, and the federal and state
natural resource trustees. CDE will also place, as necessary, up to a
total of $3.25 million into an escrow account for use in its state
court insurance litigation relating to coverage for the Site. Finally,
the Decree also resolves potential contribution claims and the State's
cost claims against the Department of Defense and the General Services
Administration. The federal agencies will pay $16,282,685 toward the
United States' and the State's total past and estimated future response
costs and natural resource damages.
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, 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
the matter as United States v. Cornell-Dubilier Electronics, Inc., D.J.
Ref. Number 90-11-2-08223/2. A person may request an opportunity for a
public hearing in the affected area in accordance with Section 7003 of
RCRA, 42 U.S.C. 6973, regarding the Decree's Section 7003 covenant not
(1) to sue or (2) to order CDE to take actions as may be necessary to
address an imminent and substantial endangerment or to protect public
health and the environment.
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''
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-5271. If requesting by mail from the Consent Decree
Library a copy of the proposed Consent Decree
[[Page 58410]]
only, please so note and enclose a check in the amount of $15.00 (25
cents per page reproduction cost for the 60 page proposed Consent
Decree) payable to the U.S. Treasury. If requesting by email or fax,
forward a check in that amount to the Consent Decree Library at the
address given above.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resource Division.
[FR Doc. 2012-23146 Filed 9-19-12; 8:45 am]
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