55628 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 

and CERCLA response costs and to 

comply with extensive injunctive relief 

measures, including the creation of a 

non-spray buffer zone on the northern 

and a portion of the western perimeter 

of the Farm which will vary in width up 

to 173 feet. In December 2004, the 

United States filed a Motion to Enforce 

the Consent Decree and for stipulated 

penalties in that the United States 

alleged that Defendants violated certain 

provisions of the Consent Decree 

including the requirement that 

Defendants remove ore relocate mango 

trees and banana trees from the buffer 

zone area, and replace them with 

plantain trees which would not be 

sprayed. 

The United States and Defendants 

have reached a proposed agreement to 

resolve the United States’ Motion to 

Enforce the Consent Decree and its 

request for stipulated penalties, which 

Settlement Agreement requires 

Defendants, inter alia, to remove or 

relocate the mango trees they were 

required to remove or relocate under the 

Decree by April 1, 2006, which schedule 

will allow Defendants to transplant the 

mango trees elsewhere at the Farm, and 

to replace them with bananas or 

plantains. The Settlement Agreement 

authorizes the Farm to plant, in two 

perimeter areas, an extra low of neem 

trees as a barrier instead of planting 

bananas of plantains. The Settlement 

Agreement allows Defendants to apply 

low-toxicity pesticides in limited 

circumstances and under application 

restrictions in buffer zone areas to 

address an outbreak of Sigatoka Negra. 

The Settlement Agreement also requires 

the Farm to pay a stipulated penalty of 

$50,000 over a one year period, plus 

interest. 

The proposed Settlement Agreement 

may be examined at the office of the 

United States Attorney, Federal 

Building Room 452, Carlos Chardon 

Avenue, Hato Rey, PR 00918, and at two 

offices of the Environmental Protection 

Agency, Region II: EPA, 290 Broadway, 

17th floor, New York, NY 10007–1866 

or EPA, Carribean Environmental 

Division, Centro Europa Building, Suite 

417, 1492 Ponce De Leon, Stop 22, 

Santurce, Puerto Rico, 00907–4127. 

During the public comment period, the 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the proposed Settlement Agreement 

may also be obtained by mail from the 

Consent Decree Library, PO Box 7611, 

U.S. Department of Justice, Washington, 

DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation no. 

(202) 514–1547, referencing DOJ No. 1–

1700/1. For a copy of the proposed 

Settlement Agreement including the 

signature pages and attachments, in 

requesting a copy, please enclose a 

check (there is a 25 cent per page 

reproduction cost) in the amount of 

$3.50 payable to the U.S. Treasury. 

Ronald G. Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environmental & Natural Resources 

Division. 

[FR Doc. 05–18883 Filed 9–21–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Amendment to Consent Decree Under 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

Under 28 CFR 50.7, notice is hereby 

given that on September 2, 2005, three 

proposed Consent Decrees were lodged 

with the United States District Court for 

the Eastern District of Pennsylvania in 

U.S. v. Union Corps., et al., Civil Action 

No. 80–1589, DJ #90–11–2–1183A. 

The consent decrees propose to 

resolve the liability of Defendants Irvin 

G. Schorsch and John B. Schorsch, and 

Third Party Defendants Baltimore Gas 

and Electric Company, Consolidated 

Edison Company of New York, Inc., 

Jersey Center Power & Light Company, 

Long Island Lighting Company d/b/a 

LIPA, Metropolitan Edison Company, 

Orange and Rockland Utilities, PECO 

Energy Company, Potomac Electric 

Power Company, PP&L Electric Utilities 

Corporation, Public Service Electric and 

Gas Company, and Virginia Power 

Company (‘‘the Utilities’’) under the 

Comprehensive Environment Response, 

Compensation and Liability Act, 42 

U.S.C. 9606 and 9607, and the Resource 

Conservation and Recovery Act 

‘‘RCRA’’), 42 U.S.C. 6973, et seq. at the 

Metal Bank Superfund Site, located in 

Philadelphia, Pennsylvania (‘‘the Site’’). 

The consent decree would globally 

settle this action. The Utilities would 

implement the Revised Remedial Plan 

for the Site, which has been approved 

by EPA, Region 3, and is attached to the 

Consent Decrees as an appendix, the 

implementation of which would be 

overseen by EPA. EPA would make 

available to the Utilities the moneys 

received and to be received from 

Outsourcing Solutions, Inc., under an 

earlier settlement with the corporate 

defendants in bankruptcy, which is 

expected to total $13.235 million. Irvin 

Schorsch would pay $9 million, $5.5 

million of which would be paid to the 

United States and $3.5 million would be 

paid to the Utilities, and he would also 

guarantee up to $2 million of OSI’s 

payments. John Schorsch would pay 

$600,000, $50,000 of which would be 

paid to the United States and $550,000 

would be paid to the utilities. Finally, 

the Utilities would pay all costs for the 

remedy, excluding oversight costs, not 

otherwise provided for and will 

indemnify Defendant Irvin G. Schorsch 

for any liability for cost overruns for 

work done under the revised remedial 

plan or under reopeners for future work 

needed at the site in connection with 

the site remediation. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Amendment. Comments 

should be addressed to the Assistant 

Attorney General, Environmental and 

Natural Resources Division, P.O. Box 

7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to U.S. v. Union Corp., et 

al., Civil Action No. 80–1589 (E.D.Pa.). 

The Consent Decrees may be 

examined at the Office of the United 

States Attorney, Eastern District of 

Pennsylvania, 615 Chestnut Street, 

Philadelphia, Pennsylvania. During the 

public comment period, the 

Amendment may also be examined on 

the following Department of Justice Web 

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

open.htm. A copy of the Amendment 

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 emailing 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 

$47.75 payable to the U.S. Treasury. In 

requesting a copy exclusive of exhibits 

and defendants’ signatures, please 

enclosed a check in the amount of $8.25 

payable to the U.S. Treasury. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–18887 Filed 9–21–05; 8:45 am] 

BILLING CODE 4410–15–M