Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Notices 37799 

DEPARTMENT OF JUSTICE 

Notice of Lodging of a Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on June 

26, 2007 a proposed Consent Decree in 

the case of United States v. Frazer Exton 

Development LP, Docket No. 2:07–cv–

02666–ER, was lodged with the United 

States District Court for the Eastern 

District of Pennsylvania. 

In this proceeding, the United States 

filed a claim pursuant to Sections 106 

and 107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’), 42 U.S.C. 9606 and 9607, 

for reimbursement of costs incurred in 

connection with response actions taken 

at the Foote Mineral Superfund Site, 

located in East Whiteland Township, 

Chester County, Pennsylvania, and for 

the performance of studies and 

additional response work at the Site by 

Frazer Exton Development LP. Pursuant 

to the Consent Decree, the settling 

Defendant agrees to finance and perform 

the remedial action selected by EPA. 

Additionally, Settling Defendant will 

pay $311,447 in reimbursement of costs 

previously incurred by the United 

States. 

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 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: U.S. v. 

Frazer Exton Development LP, D.J. Ref. 

90–11–3–08948. 

The Consent Decree may be examined 

at U.S. EPA Region III, Office of 

Regional Counsel, 1650 Arch Street, 

Philadelphia, PA 19103–2029, c/o 

Bonnie Pugh-Winkler, Esq. During the 

public comment period, the Consent 

Decree may also be examined at the 

following Department of Justice Web 

site: http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Settlement Agreement 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 

$20.00 (25 cents per page reproduction 

cost), or $78.00 for the Consent Decree 

and all of the attached exhibits, 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. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3369 Filed 7–10–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulation of 

Settlement and Judgment Under the 

Clean Water Act 

Notice is hereby given that on June 

29, 2007, a Stipulation of Settlement 

and Judgment (‘‘Stipulation’’) in United 

States v. Icicle Seafoods, Inc. and 

Evening Star, Inc., Civil Action No. 

3:06–cv–00268–JWS, was lodged with 

the United States District Court for the 

District of Alaska. 

In this action the United States sought 

civil penalties and injunctive relief 

pursuant to Section 309 of the Clean 

Water Act, as amended (‘‘CWA’’), 33 

U.S.C. 1319, for alleged violations of the 

National Pollutant Discharge 

Elimination System permit (‘‘Permit’’) 

issued by the Environmental Protection 

Agency (‘‘EPA’’) for discharges from the 

M/V Northern Victor, to Udagak Bay, 

Alaska. Defendants, Icicle Seafoods, Inc. 

and its wholly-owned subsidiary, 

Evening Star, Inc., own and operate the 

M/V Northern Victor. The Stipulation 

would resolve this action with a civil 

penalty payment of $900,000. 

Defendants have conducted a removal of 

the inactive, underwater seafood waste 

pile in Udagak Bay created by the 

operation of the M/V Northern Victor 

prior to their acquisition of the vessel, 

as the Permit required. The Stipulation 

preserves for future resolution any 

claims that the United States or EPA 

may have vis-a-vis the waste pile to 

which the M/V Northern Victor actively 

discharges other than those exceedances 

of the 1.5-acre zone-of-deposit 

limitation of the Permit that occurred 

through June 10, 2005. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Stipulation. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.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 v. Icicle 

Seafoods, Inc. and Evening Star, Inc., 

D.J. Ref. #90–5–1–1–07395/1. 

The Stipulation may be examined at 

the offices of the Environment Division, 

801 B Street, Anchorage, Alaska 99501 

[Contact: Lorraine Carter (907–271–

5452)], and at U.S. EPA Region 10, 

Office of Water, 1200 Sixth Avenue, 

Seattle, Washington 98101 [Contact: 

Margo Young (206) 553–1287)]. During 

the public comment period, the 

Stipulation may also be examined on 

the following Department of Justice Web 

site: http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Stipulation 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 number (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 $20.00 (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 address 

recited above. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–3371 Filed 7–10–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of First Amended 

Consent Decree Under the Clean Water 

Act 

Notice is hereby given that on June 

27, 2007, a proposed First Amended 

Consent Decree in United States, et al. 

v. James H. Pflueger, et al., Case No. CV 

06–00140 BMK (D. Hawaii), relating to 

allegations of Clean Water Act 

violations at Defendants’ properties on 

the Island of Kauai, Hawaii, was lodged 

with the United States District Court for 

the District of Hawaii. 

The proposed First Amended Consent 

Decree is an amendment of a settlement 

of claims for civil penalties and 

injunctive relief brought against 

Defendants James H. Pflueger, Pflueger 

Properties, and Pila’a 400 LLC pursuant 

to the Clean Water Act, 33 U.S.C. 1251–

1387, and Section 13 of the Rivers and 

Harbors Act of 1899, 33 U.S.C. 407, for 

the unauthorized discharge into waters 

of the United States of both fill and 


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