[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Page 42327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20144]


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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 August 17, 2009, a proposed 
modification ``Modification'') to the Consent Decree in United States 
v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378 (SCR) 
(``Consent Decree'') was lodged with the United States District Court 
for the Southern District of New York.
    The Modification adds 58 potentially responsible parties to a prior 
Consent Decree regarding the the Consolidated Iron and Metal Company 
Superfund Site (the ``Site''). 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. These 58 parties arranged for 
scrap metal containing hazardous substances to be transported to the 
Site for treatment or disposal. Consolidated, in the course of 
processing scrap metal materials, contaminated the Site with hazardous 
substances, including lead, polychlorinated biphenyls and volatile 
organic compounds.
    Under the Modification, $426,220 will be paid on behalf of these 58 
parties to the United States. Under the Modification, the 58 parties 
will receive a covenant not to sue regarding the Site from the United 
States, on behalf of the Environmental Protection Agency (``EPA''), 
under section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607, and contribution protection regarding the Site under 
section 113 of the CERCLA, 42 U.S.C. 9613.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
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#0e7e7b6c6d6163636b607a236b6b7d206b607c6a4e7b7d6a616420696178"><span class="__cf_email__" data-cfemail="aadadfc8c9c5c7c7cfc4de87cfcfd984cfc4d8ceeadfd9cec5c084cdc5dc">[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 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#eb9f8485828ac58d878e8e9f9c84848fab9e988f8481c58c849d"><span class="__cf_email__" data-cfemail="6d190203040c430b010808191a0202092d181e090207430a021b">[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. E9-20144 Filed 8-20-09; 8:45 am]
BILLING CODE 4410-15-P


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