[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29583-29584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12585]


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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 May 17, 2010, a 
proposed

[[Page 29584]]

Consent Decree in United States v. Schurkman, et al., Civil Action No. 
07-915 (KMK) (LMS), was lodged with the United States District Court 
for the Southern District of New York.
    The proposed Consent Decree resolves claims of the United States, 
on behalf of the Environmental Protection Agency (``EPA''), under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., and the Federal Debt Collections 
Procedures Act (``FDCPA''), 28 U.S.C. 3304 and 3306, in connection with 
the Shenandoah Road Groundwater Contamination Superfund Site (the 
``Site''), against Steven A. Schurkman, Esq., in his capacity as 
Trustee of the Jacob Manne Irrevocable Trust (``Schurkman''), and 
Joseph S. Manne, in his capacity as the representative of the Estate of 
Jacob Manne. The complaint filed in this action sought reimbursement of 
response costs incurred or to be incurred for response actions taken or 
to be taken at or in connection with the release or threatened release 
of hazardous substances at the Site, a declaration that the Estate of 
Jacob Manne is liable for any future response costs incurred by the 
United States at the Site, and, pursuant to Sections 3304 and 3306 of 
the FDCPA, an order voiding a transfer of cash and real property from 
Jacob Manne to the Jacob Manne Irrevocable Trust (the ``Trust'').
    The Consent Decree requires payment to the United States of the 
appraised value of five parcels of real property in East Fishkill 
(unrelated to the Site property) (the ``Land'') that had been in the 
Estate of Jacob Manne and transferred to the Trust. Specifically, 
Schurkman will convey the Land held by the Trust to a new corporation, 
ND-4, LLC. Settling Defendants Dr. Joseph S. Manne (Jacob Manne's son), 
personally, and as the representative of the Estate of Jacob Manne, and 
ND-4, LLC, will pay the United States the appraised value of the Land 
within three years of entry of the Consent Decree, whether the 
properties are sold within that time frame or not. There are minimal 
assets in the Estate of Jacob Manne other than the Land.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Decree. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 20530, and either e-mailed to <a href="/cdn-cgi/l/email-protection#e4949186878b8989818a90c9818197ca818a9680a49197808b8eca838b92"><span class="__cf_email__" data-cfemail="dbabaeb9b8b4b6b6beb5aff6bebea8f5beb5a9bf9baea8bfb4b1f5bcb4ad">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611, and should refer to United States 
v. Schurkman, et al., Civil Action No. 07-915 (KMK) (LMS), DJ No. 90-
11-3-08989.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of New York, 86 Chambers 
Street, New York, New York 10007. During the public comment period, the 
proposed 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 proposed Consent Decree 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#d5a1babbbcb4fbb3b9b0b0a1a2babab195a0a6b1babffbb2baa3"><span class="__cf_email__" data-cfemail="12667d7c7b733c747e777766657d7d76526761767d783c757d64">[email protected]</span></a>), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy of the 
proposed Consent Decree, please enclose a check in the amount of $8.50 
(25 cent per page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-12585 Filed 5-25-10; 8:45 am]
BILLING CODE 4410-15-P


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