[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Page 48598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22870]


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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(d) 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 September 17, 2009, the United States lodged a Consent 
Decree with the South Tahoe Public Utility District (``the District'') 
in United States of America v. El Dorado County, California, et al., 
Civil No. S-01-1520 MCE GGH (E.D. Cal.), with respect to the Meyers 
Landfill Site, located in Meyers, El Dorado County, California (the 
``Site'').
    El Dorado County, California filed a Third Party Complaint for 
contribution against a number of third parties, including the District. 
The District asserted CERCLA claims against the United States 
Department of Agriculture, Forest Service (``Forest Service'') as well 
as non-CERCLA claims related to a Forest Service Special Use Permit for 
a portion of their sewer line. The proposed Consent Decree resolves the 
District's CERCLA claims against the Forest Service and the Forest 
Service's potential CERCLA claims against the District.
    In addition, attached to the proposed Consent Decree is a separate, 
related, Settlement Agreement resolving the non-CERCLA claims between 
the Forest Service and the District. The Settlement Agreement's 
effectiveness is conditioned on the Court's entry of the proposed 
Consent Decree. Under the proposed Consent Decree the District is not 
paying any money towards the Forest Service's past costs, but it has 
agreed to provide access to its sewer line and to cooperate and to 
provide its expertise in implementing the OU-1 Remedy. In addition, the 
District will dismiss it's CERCLA claims against the Forest Service. 
The District will receive from the United States a covenant not to sue 
or to take administrative action pursuant to Sections 106 or 107 of 
CERCLA, 42 U.S.C. 9606 and 9607, as amended, for the United States' 
past and future response costs at 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 Acting Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to <a href="/cdn-cgi/l/email-protection#49393c2b2a2624242c273d642c2c3a672c273b2d093c3a2d2623672e263f"><span class="__cf_email__" data-cfemail="64141106070b0909010a10490101174a010a1600241117000b0e4a030b12">[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. El Dorado County, California, et al., 
Civil No. S-01-1520 MCE GGH (E.D. Cal.) (DOJ Ref. No. 90-11-3-06554).
    The Consent Decree with the District may be examined at U.S. 
Department of Agriculture, Office of General Counsel, 33 New Montgomery 
Street, 17th Floor, San Francisco, CA 94150 (contact Rose Miksovsky, 
(415) 744-3158). During the public comment period, the Consent Decree 
with the District 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 with the District 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#11657e7f78703f777d747465667e7e75516462757e7b3f767e67"><span class="__cf_email__" data-cfemail="1b6f7475727a357d777e7e6f6c74747f5b6e687f7471357c746d">[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. El 
Dorado County, California, et al., Civil No. S-01-1520 MCE GGH (E.D. 
Cal.) (DOJ Ref. No. 90-11-3-06554) (Consent Decree with District), and 
enclose a check in the amount of $9.00 (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 Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-22870 Filed 9-22-09; 8:45 am]
BILLING CODE 4410-15-P


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