[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Page 55396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25147]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On November 14, 2017, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of New York in the lawsuit entitled United States v. Beazer
East, Inc. et al., Civil Action No. 17-1165.
The United States filed this lawsuit under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). The
United States' complaint names Beazer East, Inc., CBS Corporation,
Chemung County, the City of Elmira, the Elmira Water Board, Hardinge
Inc., Toshiba America Inc., the Town of Horseheads, and the Village of
Horseheads, as defendants. The complaint requests recovery of costs and
injunctive relief related to responding to releases of hazardous
substances at or from the Fourth Operable Unit (``OU4'') of the
Kentucky Avenue Wellfield Superfund Site located in the Village of
Elmira Heights, the Town of Horseheads, and the Village of Horseheads,
New York. Under the proposed Consent Decree, the nine Settling
Defendants agree to perform the remedy selected by the Environmental
Protection Agency (``EPA'') for OU4 and pay the United States' future
response costs related to OU4. The Statement of Work, included as
Appendix B to the Decree, provides the framework for implementation of
the cleanup plan as set forth in the Record of Decision (``ROD'')
signed by the Regional Administrator for Region 2 of EPA in September
2016. The State of New York concurred with respect to the selected
remedy. The selected remedy calls for the construction of a nine-acre
cap over the footprint of Koppers Pond, with the cap comprised of a
geotextile membrane covered by a six-inch layer of soil and sand.
Institutional controls will also be imposed to control activities and
use at OU4 to preserve the integrity of the cap. The Remedial Design,
Remedial Action, and Operations and Maintenance at OU4 are estimated to
cost approximately $1.9 million and the Settling Defendants will pay
any United States Future Response Costs related to OU4. The United
States has provided all of the Settling Defendants with a covenant not
to sue under Sections 106 and 107(a) of CERCLA, relating to OU4,
subject to certain reservations.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Beazer East, Inc., et al., Civil
Action No. 17-1165, D.J. Ref. No. 90-11-2-1224/2. 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............................ [email protected].
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 Decree may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree 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 $22.25 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits the cost is $14.50.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-25147 Filed 11-20-17; 8:45 am]
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