Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48599 

Agency (‘‘EPA’’), among others, under 

the Federal Tort Claims Act, 28 U.S.C. 

1346 (‘‘FTCA’’), for destroying vintage 

aircraft instruments owned by 

Preservation Aviation and stored at a 

facility in North Hollywood, California 

and at a facility at the Chino Airport at 

7000 Merrill Avenue, Chino, California 

(the ‘‘Sites’’). The United States filed a 

counterclaim against Preservation 

Aviation and Mr. Pearson under 107(a) 

of the Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9607(a), for the costs of responding to a 

release and a threatened release of 

hazardous substances at and from the 

Preservation Aviation facility, including 

aircraft instruments containing radium226, a hazardous substance. The 

counterclaim also sought treble punitive 

damages and fines pursuant to Section 

107(c)(3) of CERCLA, 42 U.S.C. 

9607(c)(3), and Section 106(b) of 

CERCLA, 42 U.S.C. 9606(b), based on 

the failure of Preservation Aviation, Inc. 

and Jeffrey Pearson to comply with a 

Unilateral Administrative Order issued 

by EPA. In addition, the counterclaim 

sought civil penalties for an alleged 

failure to respond to a request for 

information issued by EPA pursuant to 

Section 104(e) of CERCLA, 42 U.S.C. 

9604(e)(2). The United States has no 

unreimbursed costs at the Chino Airport 

Site and did not file a counterclaim 

relating to the Chino Site. 

Pursuant to the proposed consent 

decree the Plaintiffs and related 

corporate entities will give the United 

States a covenant not to sue for the Sites 

and dismiss their claims with prejudice. 

In return, the United States is giving a 

covenant not to sue for past and future 

response costs for the Sites and the 

penalty claims and will dismiss its 

claims with prejudice. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to 

Preservation Aviation, Inc. et al. v. 

United States et al., No. SACV 07–1219 

SJO (AJWx) and DOJ #90–11–2–08809/ 

1. 

The consent decree may be examined 

at the Office of the United States 

Attorney for the Central District of 

California 300 North Los Angeles Street, 

Room 7516, Los Angeles, California 

90012. 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, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611, or 

by faxing or e-mailing a request to Tonia 

Fleetwood, tonia.fleetwood@usdoj.gov, 

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 $7.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–22938 Filed 9–22–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of a Consent Decree 

Under the the Clean Water Act 

Notice is hereby given that on 

September 17, 2009, a proposed Consent 

Decree in United States and State of 

Indiana v. City of Jeffersonville, Indiana, 

Civil Action No. 09–cv–0125 was 

lodged with the United States District 

Court for the Southern District of 

Indiana. 

In this action the United States and 

the State of Indiana seek civil penalties 

and injunctive relief for violations of the 

Clean Water Act, 33 U.S.C. 1251 et seq., 

in connection with the City of 

Jeffersonville’s operation of its 

municipal wastewater and sewer 

system. The United States’ and State of 

Indiana’s Complaint alleges that 

Jeffersonville violated the Clean Water 

Act and Indiana law by: (1) Discharging 

untreated waste water from 

Jeffersonville’s combined sewer system 

in a manner which violates the terms of 

the Clean Water Act and Indiana law; 

(2) discharging untreated waste water 

from Jeffersonville’s separate sanitary 

sewer system in violation of the Clean 

Water Act and Indiana law; and (3) 

discharging pollutants from the final 

effluent of the Jeffersonville Wastewater 

Treatment Plant at levels exceeding 

pollutant limits set by the Clean Water 

Act and Indiana law. 

Under the proposed Decree, the City 

will be required to remedy the 

deficiencies in the capacity, operation 

and maintenance of Jeffersonville’s 

WWTP, combined sewer system, and 

sanitary sewer system at an approximate 

cost of $100–150 million. Jeffersonville 

must make these improvements by 

calendar year 2020 or, if Jeffersonville 

demonstrates a lack of financial 

capability, by calendar year 2025. In 

addition, the proposed Decree requires 

Jeffersonville to pay the United States a 

civil penalty of $49,500 and the State of 

Indiana a civil penalty of $8,250, and 

spend at least $248,050 to build two 

constructed wetlands at an industrial 

site in the City of Jeffersonville and to 

improve stormwater drainage at a local 

park. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of Indiana v. City of 

Jeffersonville, Indiana, D.J. Ref. 90–5–1– 

1–08723. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, Southern District of 

Indiana, 10 W. Market Street, Suite 

2100, Indianapolis, IN 46204 (contact 

Assistant United States Attorney Tom 

Kieper (317/226–6333)), and at U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 60604–3590 (contact 

Associate Regional Counsel John 

Tielsch (312/353–7447)). During the 

public comment period, the proposed 

Consent Decree, may also be examined 

on the following Department of Justice 

Web site, to http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed consent decree 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 

(tonia.fleetwood@usdoj.gov), 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 

$ 22.00 (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 M. Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–22905 Filed 9–22–09; 8:45 am] 

BILLING CODE 4410–15–P 

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