37054 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Notices 

The proposed Consent Decree 

requires the Settling Defendants to pay 

$1,025,000 to the United States for 

response costs incurred by the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) and the U.S. Department of 

Justice (‘‘Department of Justice’’ or 

‘‘DOJ’’), and to pay $75,000 to the 

California Department of Toxic 

Substances Control (‘‘DTSC’’) for 

response costs incurred by DTSC. The 

proposed Consent Decree includes a 

covenant not to sue the Settling 

Defendants under Sections 106 and 107 

of CERCLA, 42 U.S.C. 9606, 9607, and 

under Section 7003 of RCRA, 42 U.S.C. 

6973. 

The proposed consent Decree also 

requires the Settling Federal Agencies to 

pay $490,000 to EPA for response costs 

incurred by EPA DOJ, and to pay 

$105,000 to DTSC for response costs 

incurred by DTSC. The Consent Decree 

includes a covenant not to sue the 

Settling Federal Agencies under 

CERCLA Section 107, 42 U.S.C. 9607. 

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, with a copy to Robert 

Mullaney, U.S. Department of Justice, 

301 Howard Street, Suite 1050, San 

Francisco, CA 94105, and should refer 

to United States, et al., v. Azusa Pipe 

and Tube Bending Corp., et al., D.J. Ref. 

90–11–2–354/22. Commenters may 

request an opportunity for a public 

meeting in the affected area, in 

accordance with Section 7003(d) of 

RCRA, 42 U.S.C. 6973(d). 

The Consent Decree may be examined 

at U.S. EPA Region 9, Office of Regional 

Counsel, 75 Hawthorne Street, San 

Francisco, California. During the public 

comment period, the 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 (tonia.fleetwood@usdoj.gov), 

fax number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $91.25 (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. In requesting a copy exclusive 

of exhibits, please enclose a check in the 

amount of $9.25 (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Henry Friedman, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3271 Filed 7–5–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decree 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States, et al. v. Costello, et al., 

No. 06–cv–329 (D. Md.), was lodged 

with the United States District Court for 

the District of Maryland on June 26, 

2007. 

This proposed Consent Decree 

concerns a complaint filed by the 

United States and the State of Maryland 

against William Costello, Janice 

Costello, Scott C. Mielke, and The 

Permit Coordinators, Inc., pursuant to 

Section 301(a) of the Clean Water Act, 

33 U.S.C. 1311(a); Section 10 of the 

Rivers and Harbors Act, 33 U.S.C. 403; 

and Section 16–202(a) of the 

Environment Article of the Annotated 

Code of Maryland (collectively, ‘‘the 

statutes’’), to obtain injunctive relief 

from and to impose civil penalties 

against the Defendants for violating the 

statutes by discharging pollutants 

without a permit into waters of the 

United States and the State of Maryland. 

The proposed Consent Decree resolves 

these allegations by requiring 

Defendants William and Janice Costello 

to restore the impacted areas, to pay a 

civil penalty, and to make a payment to 

the State of Maryland’s Wetland 

Compensation fund. It also requires 

Defendant The Permit Coordinators, Inc. 

to pay civil penalties and to make a 

payment to the State of Maryland’s 

Wetland Compensation Fund. In the 

event that Defendant The Permit 

Coordinators, Inc. fails to make the 

required payments, both Defendant 

Scott C. Mielke and Defendant The 

Permit Coordinators, Inc. would be 

jointly and severally liable for the 

unpaid amounts. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Michael Schon, Trial Attorney, 

Environmental Defense Section, P.O. 

Box 23986, Washington, DC 20026, and 

refer to United States, et al. v. Costello, 

et al., DJ #90–5–1–1–17683. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, United 

States District Court for the District of 

Maryland. In addition, the proposed 

Consent Decree may be viewed at 

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

Consent_Decrees.html. 

Russell Young, 

Assistant Chief, Environmental Defense 

Section, Environment & Natural Resources 

Division. 

[FR Doc. 07–3269 Filed 7–5–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Amended Notice of Lodging of 

Settlement Agreement Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (‘‘CERCLA’’) 

This Notice amends and replaces the 

original notice published on June 21, 

2001, 72 Fed. Reg. 34277. 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 May 24, 

2007, a proposed Settlement Agreement 

with Dean R. Soulliere et al. in United 

States v. Dean R. Soulliere and Colleen 

A. Soulliere, and Soulliere and Jackson, 

Inc., d/b/a One Hour Martinizing, No. 

8:07-cv-00203 (D. Nebraska), was lodged 

with the United States District Court for 

the District of Nebraska. 

In this action, the United States 

sought to establish the amount of the 

defendant’s liability, pursuant to 

Section 107 of CERCLA, 42 U.S.C. 9607, 

for the costs incurred and to be incurred 

by the United States in responding to 

the release and/or threatened release of 

hazardous substances at and from the 

10th Street Superfund Site in the southcentral portion of the City of Columbus 

in Platte County, Nebraska. Under the 

proposed Settlement Agreement, 

Defendants shall pay to the United 

States and EPA the amount of 

$100,000.00 to the United States 

Department of Justice in reimbursement 

of costs incurred by the United States at 

the Site. 

The Department of Justice will receive 

for a period of thirty (30) day from the 

date of this publication comments 

relating to the Settlement Agreement. 

Comments should be addressed to the 

Assistant Attorney General, 

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