[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Page 51398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21002]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 12, 2011, a proposed Partial 
Consent Decree in United States v. C.A.I., Inc., et al., Civil Action 
No. 1:10-cv-10390-GAO, was lodged with the United States District Court 
for the District of Massachusetts.
    The proposed Partial Consent Decree will settle the United States' 
claims on behalf of the U.S. Environmental Protection Agency (``EPA'') 
against Defendants C.A.I., Inc. (``CAI''), Sartorelli Realty, LLC 
(``SRLLC''), and Roy A. Nelson as Trustee of Nelson Danvers Realty 
Trust (``NDRT''), pursuant to Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607, and Sections 112(r) and 114(a) of the Clean Air Act 
(``CAA''), 42 U.S.C. 7412(r), 7414(a), with respect to the Danversport 
Superfund Site, a former inks and paint products manufacturing 
facility, in Danvers, Massachusetts (``Site''). Pursuant to the Partial 
Consent Decree, based on demonstrations of limited financial resources: 
CAI will pay $400,000, including $300,000 in response costs under 
CERCLA and $100,000 as a civil penalty under the CAA; SRLLC will pay 
$150,000 in response costs; NDRT will pay $140,000 in response costs; 
and the settling defendants will transfer to the United States funds 
from an escrow account totaling approximately $27,000 as of March 2011. 
In addition, SRLLC and NDRT will make best efforts to sell the Site 
property and will transfer all net sales proceeds to the United States. 
Finally, the settling defendants will pay the United States 90% of any 
net proceeds from the resolution of other Site-related proceedings, up 
to the total amount of the United States' unreimbursed response costs. 
The proposed Partial Consent Decree, together with a Partial Consent 
Decree between the United States and Defendant Arnel Company, Inc. 
entered on July 1, 2011, will resolve this action in its entirety.
    The Department of Justice will receive comments relating to the 
proposed Partial Consent Decree for a period of 30 days from the date 
of this publication. Comments on the Partial Consent Decree 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#2f5f5a4d4c4042424a415b024a4a5c014a415d4b6f5a5c4b404501484059"><span class="__cf_email__" data-cfemail="68181d0a0b0705050d061c450d0d1b460d061a0c281d1b0c0702460f071e">[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. C.A.I., Inc., et al., Civil Action No. 1:10-cv-10390-GAO, D.J. Ref. 
90-11-2-09184 & 90-11-2-09184/1.
    During the public comment period, the proposed Partial Consent 
Decree may be examined at the following Department of Justice Web site: 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Partial 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 
(<a href="/cdn-cgi/l/email-protection#a7d3c8c9cec689c1cbc2c2d3d0c8c8c3e7d2d4c3c8cd89c0c8d1"><span class="__cf_email__" data-cfemail="0c786362656d226a606969787b6363684c797f686366226b637a">[email protected]</span></a>), fax number (202) 514-0097, phone 
confirmation number (202) 514-1547. If requesting a copy by mail from 
the Consent Decree Library, please enclose a check in the amount of 
$15.75 ($0.25 per page reproduction cost) payable to the U.S. Treasury 
or, if requesting by e-mail or fax, forward a check in that amount to 
the Consent Decree Library at the above-referenced address.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-21002 Filed 8-17-11; 8:45 am]
BILLING CODE 4410-15-P


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