[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48100-48101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22510]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 10, 2009, the United 
States filed a Complaint and lodged a proposed Consent Decree in United 
States v. StarLink Logistics, Inc. (SLLI), Case No. CV-09-4185-BZ (N.D. 
Cal.). The Complaint asserts claims against SLLI under CERCLA Sections 
107(a)(2) and 113(g)(2), 42 U.S.C. 9607(a)(2) and 9613(g)(2), to 
recover past response costs and to obtain a declaratory judgment for 
future costs incurred by the United States Environmental Protection 
Agency (``EPA'') at the Rhone-Poulenc/Zoecon Corp. Superfund Site 
located at 1990 Bay Road, East Palo Alto, San Mateo County, California 
(``Site'').
    The proposed Consent Decree resolves claims in the Complaint. Under 
the Decree, SLLI will pay EPA $784,363.33 in past costs, defined as 
costs incurred through May 31, 2009, and all future costs incurred 
thereafter associated with the Wetland Operable

[[Page 48101]]

Unit at the Site. In addition, SLLI will pay United States Department 
of Interior, Fish and Wildlife Service (``DOI'') $12,764.20 in natural 
resource damage assessment costs incurred at the Site. In return, SLLI 
and its current or former affiliates Aventis Agriculture, Hoechst GmbH, 
Rh[ocirc]ne-Poulenc Inc., Aventis CropScience USA Inc., and Bayer 
CropScience Inc., receive a covenant not to sue from the United States 
with respect to past response costs and future response costs at the 
Site under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and with 
respect to Natural Resource Damages under Section 107 of CERCLA, 
Section 1002(b)(2)(A) of Oil Pollution Act, 33 U.S.C. 2702(b)(2)(A), or 
Section 311(f)(4) and (5) of the Clean Water Act, 33 U.S.C. 1321(f)(4) 
and (5).
    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#e797928584888a8a828993ca828294c982899583a7929483888dc9808891"><span class="__cf_email__" data-cfemail="b7c7c2d5d4d8dadad2d9c39ad2d2c499d2d9c5d3f7c2c4d3d8dd99d0d8c1">[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. StarLink Logistics, Inc., Case No. CV-09-4185-BZ (N.D. 
Cal.), D.J. Ref. 90-11-3-09436.
    The Consent Decree may be examined at the U.S. Environmental 
Protection Agency, Region 9, Office of Regional Counsel, 75 Hawthorne 
Street, San Francisco, California 94105. 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 Settlement Agreement 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#3a4e5554535b145c565f5f4e4d55555e7a4f495e5550145d554c"><span class="__cf_email__" data-cfemail="b6c2d9d8dfd798d0dad3d3c2c1d9d9d2f6c3c5d2d9dc98d1d9c0">[email protected]</span></a>), fax number 
(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 $8.75 (.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. E9-22510 Filed 9-18-09; 8:45 am]
BILLING CODE 4410-15-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>