[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Page 2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-463]


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DEPARTMENT OF JUSTICE


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

    Consistent with Section 122 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby 
given that on January 5, 2011, the United States lodged a Consent 
Decree with Seven Out, LLC and BCX, Inc. (``Settling Defendants'') in 
United States of America v. Seven Out LLC, and BCX, Inc., Case No. 
3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.), with respect to the BCX 
Tank Superfund Site, located at 1903 East Adams Street, Jacksonville, 
Duval County, Florida (the ``Site'').
    On January 4, 2011, Plaintiff United States of America (``United 
States''), on behalf of the United States Environmental Protection 
Agency (``EPA'') filed a complaint in this matter against defendants 
Seven Out, LLC and BCX, Inc, pursuant to CERCLA Section 107, 42 U.S.C. 
9607, seeking recovery of environmental response costs incurred by EPA 
related to the release or threatened release or disposal of hazardous 
substances at or from the Site.
    Financial information provided by the Settling Defendants indicated 
an inability to pay. However, pursuant to the Consent Decree, the 
United States will receive a payment from the Defendant's insurer in 
the amount of $350,000. Under the proposed Consent Decree, the United 
States, will also receive the Net Proceeds of the sale of the Site 
property. In exchange, the proposed Consent Decree provides Settling 
Defendants with a covenant not to sue and contribution protection with 
respect to the Site.
    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 e-mailed to 
<a href="/cdn-cgi/l/email-protection#bacacfd8d9d5d7d7dfd4ce97dfdfc994dfd4c8defacfc9ded5d094ddd5cc"><span class="__cf_email__" data-cfemail="28585d4a4b4745454d465c054d4d5b064d465a4c685d5b4c4742064f475e">[email protected]</span></a> 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. Seven Out LLC, and BCX, Inc., Case No. 
3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.) (DOJ Ref. No. 90-11-3-
09152). The Consent Decree may be examined at U.S. Environmental 
Protection Agency, Office of Regional Counsel, EPA Region 4, 61 Forsyth 
Street, SW., Atlanta, GA 30303-8960 (contact Stacey Haire, (404) 562-
9676). During the public comment period, the Consent Decree may also 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, U.S. 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#c8bca7a6a1a9e6aea4adadbcbfa7a7ac88bdbbaca7a2e6afa7be"><span class="__cf_email__" data-cfemail="285c47464149064e444d4d5c5f47474c685d5b4c4742064f475e">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please refer to United States of America v. Seven Out LLC, and 
BCX, Inc., Case No. 3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.) (DOJ 
Ref. No. 90-11-3-09152), and enclose a check in the amount of $8.25 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
by e-mail or fax, forward a check in that amount to the Consent Decree 
Library at the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-463 Filed 1-11-11; 8:45 am]
BILLING CODE 4410-15-P


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