[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Notices]
[Page 64984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9104]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Delaware Hazardous Substances Cleanup Act

    Notice is hereby given that on September 29, 2006, a proposed 
Consent Decree in United States and the State of Delaware v. E.I. 
Dupont De Nemours & Company, Inc., and CIBA Specialty Chemicals 
Corporation, Civil Action No. 06-612 was lodged with the United States 
District Court for the District of Delaware.
    In this action the United States and the State of Delaware sought 
claims for natural resource damages brought pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), as amended, 42 U.S.C. 9601 et seq. and the Delaware 
Hazardous Substance Cleanup Act (``HSCA''), 7 Del. C. Chapter 91 with 
respect to the release of hazardous substances from DuPont-Newport 
chemical facility, located in Newport, Delaware. Under the proposed 
Consent Decree, the defendants will fund restoration projects on the 
``Pike Property'' as set forth in the Damage Assessment and Restoration 
Plan (``DARP'', attached to the Consent Decree), and the State of 
Delaware will hold an environmental covenant for the Pike Property to 
protect it in perpetuity. Defendants will reimburse each Trustee for 
its Damage Assessment Costs, and make a payment to Delaware for 
groundwater injuries. The total value of the settlement as set forth in 
the Consent Decree is $1.6 million.
    The Department of Justice will receive for a period of fifteen (15) 
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, P.O. Box 7611, U.S. 
Department of Justice, Washington, D.C. 20044-7611, and should refer to 
United States and the State of Delaware v. E.I. Du Pont De Nemours & 
Company, Inc., and CIBA Specialty Chemicals Corporation, D.J. Ref. 90-
11-2-883/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, for the District of Delaware, 1007 Orange Street, 
Suite 700, Wilmington, Delaware. 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 (<a href="/cdn-cgi/l/email-protection#691d06070008470f050c0c1d1e06060d291c1a0d0603470e061f"><span class="__cf_email__" data-cfemail="b9cdd6d7d0d897dfd5dcdccdced6d6ddf9cccaddd6d397ded6cf">[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 enclose a check in the amount of $6.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.
    A copy of the Consent Decree may also be obtained at the offices of 
the Delaware Department of Natural Resources and Environmental Control, 
Division of Air and Waste Management, Site Investigation and 
Restoration Branch, 391 Lukens Drive, New Castle, Delaware 19720, Main 
phone number: 302-395-2600, Site Name: DuPont Newport NRDA DE-X009. 
Contacts: Jane Biggs Sanger, Elizabeth LaSorte, or Robert Newsome. An 
electronic version of the Consent Decree and the DARP can be viewed at 
http://apps.dnrec.state.de.us/intraviewer/session/frmmain.cfm.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9104 Filed 11-3-06; 8:45 am]
BILLING CODE 4410-15-M


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