[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45849-45850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6806]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on July 18, 2006, a 
proposed Consent Judgment in United States, et

[[Page 45850]]

al. v. Coltec Industries, Inc., et al., Civil Action No. 06-3493, was 
lodged with the United States District Court for the Eastern District 
of New York.
    The proposed Consent Judgment resolves natural resource damages 
claims of the United States, on behalf of the Undersecretary of 
Commerce for Oceans and Atmosphere of the National Oceanic and 
Atmospheric Administration (``NOAA''), and the Secretary of the 
Interior (``DOI''), under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') , 42 U.S.C. 9601 et seq., 
in connection with the Liberty Industrial Finishing Superfund Site in 
Oyster Bay, New York (``Site''), against Coltec Industries, Inc.; 
Goodrich, Corporation; 55 Motor Avenue LLC; Cubbies Properties, Inc.; 
Jefry Rosmarin; J. Jay Tanenbaum; Jan Burman; Jerome Lazarus; Liberty 
Associates; William Heller; Koch-Glitsch, LP; Beazer East, Inc.; and 
Liberty Aero, Inc. The proposed Consent Judgment also resolves 
potential contribution claims against the United States pursuant to 
Sections 107(a) and 113(f) of CERCLA, 42 U.S.C. 9607(a) and 9613(f). 
The proposed Consent Judgment requires the thirteen defendants to 
design and construct a fishladder in the Massapequa Preserve, Oyster 
Bay, New York (estimated at $173,000), and to reimburse NOAA and DOI 
for their past and estimated future costs in the amount of $131,500. 
The Untied States, on behalf of two Settling Federal Agencies, the 
Department of Defense and the General Services Administration, will pay 
about 43 percent of the total settlement, which will amount to 
approximately $130,000. The proposed Consent Judgment provides that the 
thirteen defendants and the Settling Federal Agencies are entitled to 
contribution protection as provided by Section 113(f)(2) of CERCLA, 42 
U.S.C. 9613(f)(2) for matters addressed by the settlement. The proposed 
Consent Judgment also resoles natural resource damages claims of the 
State of New York, on behalf of Denise M. Sheehan, Commissioner of the 
New York State Department of Environmental Conservation and Trustee of 
Natural Resources of the State of New York.
    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 Judgment. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, Department of Justice, Washington, DC 20530, and should refer 
to United States, et al. v. Coltec Industries, Inc., et al., Civil 
Action No. 04-1308, D.J. Ref. 90-11-2-1222/4, 90-11-3-766.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, One Pierrepont 
Plaza, 14th Fl., Brooklyn, New York 11201. During the public comment 
period, the proposed Consent Judgment may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed Consent Judgment may 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#d783b8b9beb6f9b1bbb2b2a3a0b8b8b397a2a4b3b8bdf9b0b8a1"><span class="__cf_email__" data-cfemail="92c6fdfcfbf3bcf4fef7f7e6e5fdfdf6d2e7e1f6fdf8bcf5fde4">[email protected]</span></a>), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy of the 
proposed Consent Judgment, please enclose a check in the amount of 
$49.00 (25 cent per page reproduction cost) payable to the U.S. 
Treasury.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-6806 Filed 8-9-06; 8:45 am]
BILLING CODE 4410-15-M


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