[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Page 22587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11132]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on May 5, 2009, a 
proposed Consent Decree in United States v. Emma B. Masset, 08 Civ. 
6336 (SCR), was lodged with the United States District Court for the 
Southern District of New York.
    The Consent Decree resolves the claims of the United States, on 
behalf of the Environmental Protection Agency (``EPA'') under sections 
107 and 113 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. against 
defendant Emma B. Masset., relating to Westwood Chemical Corp. 
Superfund Site, located in Orange County, New York (the ``Site'').
    In a complaint filed on July 14, 2008, the United States alleged 
that Masset was an operator of the Westwood Chemical facility at the 
time of disposal of hazardous substances pursuant to section 107(a)(2) 
of CERCLA. Specifically, Masset was an operator of the facility from 
approximately 1998, when she became President of Westwood, until 
approximately January 2005, when Ms. Masset decided to abandon the 
facility following Westwood's October 2005 bankruptcy petition. 
According to the Complaint, during that time, hazardous substances 
including hydrochloric acid, sulfuric acid, mercury, lead, chromium, 
copper, zinc, silver, selenium and arsenic were disposed of at the 
Site. The Complaint sought unreimbursed costs incurred by the United 
States and a declaration of liability with respect to any future 
response costs.
    Pursuant to the Consent Decree, Masset will pay the United States a 
total of $184,000, in three equal installments of $61,000 over a two-
year period, to resolve her liability at the Site. 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, Environmental 
and Natural Resources Division, and either e-mailed to <a href="/cdn-cgi/l/email-protection#ea9a9f88898587878f849ec78f8f99c48f84988eaa9f998e8580c48d859c"><span class="__cf_email__" data-cfemail="62121700010d0f0f070c164f0707114c070c1006221711060d084c050d14">[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. Emma Masset, D.J. <greek-i>90-11-2-08602/2.
    During the public comment period, the Consent Decree may 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#8bffe4e5e2eaa5ede7eeeefffce4e4efcbfef8efe4e1a5ece4fd"><span class="__cf_email__" data-cfemail="2f5b4041464e0149434a4a5b5840404b6f5a5c4b404501484059">[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 $5.00 (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 stated address.

Maureen Katz,
Assistant Section Chief Environmental, Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-11132 Filed 5-12-09; 8:45 am]
BILLING CODE 4410-15-P


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