[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18582-18583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07313]


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DEPARTMENT OF JUSTICE


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

    On March 27, 2014, the Department of Justice lodged two proposed 
consent decrees with the United States District Court for the District 
of New Jersey in the lawsuit entitled United States v. Clifton 2003, et 
al., Civil Action No. 2:14-CV-01918-ES-MAH.
    The United States filed this lawsuit against Clifton 2003, LLC 
(Clifton), The Hampshire Generational Fund, LLC (Hampshire), and WEA 
Enterprises Co., Inc. (WEA) under the Comprehensive Environmental 
Response, Compensation and Liability Air Act (CERCLA), seeking to 
recover response costs that EPA incurred in removal actions at the 
Abrachem Chemical Superfund Site in Clifton, New Jersey. The complaint 
also asserts claims against Clifton and Hampshire under the Federal 
Debt Collection Procedures Act (FDCPA) and the Federal Priority Statute 
(FPS), based on Clifton's sale of its property and alleged fraudulent 
transfer of the assets to Hampshire.
    The United States entered into two separate consent decrees to 
resolve the claims alleged in the complaint. Under its decree, WEA will 
pay $257,000, in exchange for a covenant not to sue pursuant to CERCLA 
Section 107 to recover response costs incurred through the date of 
entry of the decree. Under their decree, Clifton and Hampshire will pay 
$1.9 million, in exchange for a covenant not to sue pursuant to CERCLA 
Section 107, the FDCPA, or the

[[Page 18583]]

FPS to recover response costs incurred through the date of entry of the 
decree. Together, the decrees recover a total of $2,157,000 toward the 
approximately $2.6 million that the United States incurred at the site.
    The publication of this notice opens a period for public comment on 
the consent decrees. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Clifton 2003, LLC, et al., D.J. Ref. 
No. 90-11-3-10618. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decrees may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the consent decrees upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $4.50 (25 cents per page 
reproduction cost) for either the Clifton/Hampshire decree or the WEA 
decree (specifying which decree is being requested), or $9.00 for both 
decrees, payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-07313 Filed 4-1-14; 8:45 am]
BILLING CODE 4410-15-P