[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Page 10211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03313]



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

    On February 7, 2013, the Department of Justice filed a complaint 
and lodged a proposed Consent Decree with the United States District 
Court for the Northern District of Florida, Gainesville Division in the 
lawsuit entitled United States of America v. Beazer East, Inc. Civil 
Action No. 1:13cv29-SPM-GRJ.
    Pursuant to Sections 106 and 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. 9606, 9607(a), the United States' complaint sought to recover 
costs it has incurred and will incur in response to the release and 
threatened release of hazardous substances at or from the Cabot/Koppers 
Superfund Site, located in the City of Gainesville, Alachua County, 
Florida (the Site). The United States also sought an Order enjoining 
the Defendant to perform the remedial action at the Site selected by 
EPA in the Amended Record of Decision dated February 2011 (Amended ROD) 
and included as Appendix A to the Decree.
    The United States has agreed to resolve the claims alleged in the 
complaint through the proposed Consent Decree in which Beazer will 
perform the Amended ROD at the Site. In the Decree, Beazer has also 
agreed to pay all of EPA's future costs including oversight costs. The 
United States covenants not to sue under CERCLA Sections 106 and 107 
relating to the Site subject to statutory reopeners.
    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 of America v. Beazer East, Inc. Civil 
Action No. 1:13cv29-SPM-GRJ; D.J. Ref. No. 90-11-2-622/1. 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 

                                               Send them to:
By email........................  [email protected].
By mail.........................  Assistant Attorney General, U.S. DOJ-
                                   ENRD, P.O. Box 7611, Washington, DC

    During the public comment period, the Consent Decree 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 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 $253.75 (25 cents per 
page reproduction costs for 1,015 pages for the entire Decree plus 
appendices) payable to the United States Treasury. For a paper copy 
without the Decree appendices, the cost is $28.75 (25 cents per page 
reproduction costs for 115 pages).

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-03313 Filed 2-12-13; 8:45 am]