[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Page 75698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30419]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on November 30, 2010, a proposed 
modification (``Modification'') to the Consent Decree in United States 
v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378 (``Consent 
Decree'') was lodged with the United States District Court for the 
Southern District of New York.
    The Modification resolves the claims of the United States, on 
behalf of the Environmental Protection Agency (``EPA''), under Sections 
107 and 113 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended, 42 U.S.C. 9607 and 9613, against 
27 potentially responsible parties (``Additional Settling Parties'') 
who arranged for scrap metal containing hazardous substances to be 
transported to the Consolidated Iron and Metal Company Superfund Site 
(the ``Site'') for treatment or disposal.
    The Site is a former junkyard and scrap metal processing facility 
located in the City of Newburgh, New York. Consolidated Iron and Metal 
Company, Inc. (``Consolidated'') operated the facility from the 1950s 
until 1999. Consolidated, in the course of processing scrap metal 
materials, contaminated the Site with hazardous substances, including 
lead, polychlorinated biphenyls and volatile organic compounds. 
Consolidated is now a defunct company.
    The original Consent Decree resolved the United States' claims 
against nine potentially responsible parties at the Site. The original 
Consent Decree was modified in October 2009 to add 58 additional 
settlors, and to resolve their potential liability at the Site.
    The proposed Modification adds the 27 Additional Settling Parties 
to the Consent Decree and provides for them to pay $276,655 to the 
United States to resolve their liability at the Site. The 27 Additional 
Settling Parties also are paying $276,655 to five of the parties to the 
original Consent Decree. The Modification provides the 27 Additional 
Settling Parties with covenants not to sue from the United States 
regarding the Site and contribution protection.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Modification. 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#1d6d687f7e7270707873693078786e3378736f795d686e797277337a726b"><span class="__cf_email__" data-cfemail="41313423222e2c2c242f356c2424326f242f3325013432252e2b6f262e37">[email protected]</span></a> or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, D.C. 20044-7611, and should 
refer to United States v. City of Newburgh, et al., D.J. Ref. 90-11-3-
07979/2.
    The Modification may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and 
at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New 
York, New York 10007-1866. During the public comment period, the 
Modification may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Modification 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 e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#f68299989f97d8909a93938281999992b6838592999cd8919980"><span class="__cf_email__" data-cfemail="becad1d0d7df90d8d2dbdbcac9d1d1dafecbcddad1d490d9d1c8">[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 enclose a check in the amount of $4.75 (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. 2010-30419 Filed 12-3-10; 8:45 am]
BILLING CODE 4410-15-P


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