Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66933

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’)

Consistent with Departmental policy,

28 CFR 50.7 and 38 FR 19029, notice is

hereby given that on November 13,

2001, a proposed Consent Decree in

United States v. Frederick Gendron, et

al., Civil Action No. 01–422–JD, was

lodged with the United States District

Court for the District of New Hampshire.

The proposed Consent Decree will

resolve the United States’ claim under

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, 42 U.S.C. 9607, as amended

(‘‘CERCLA’’), on behalf of the U.S.

Environmental Protection Agency

(‘‘EPA’’) against the defendant relating

to the Gendron Junkyard Site located at

11–13 Hobbs Road in Pelham, New

Hampshire (the ‘‘Site’’). The Complaint

alleges that the defendants are liable

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

9607, for recovery of response costs

incurred at or in connection with the

release or threatened release of

hazardous substances at the Site.

The Consent Decree requires the

Settling Defendants to pay to the U.S.

EPA Hazardous Substance Superfund

$650,000 in reimbursement of past

response costs, and includes a covenant

not to use 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 proposed consent decree.

Any comments should be addressed to

the Assistant Attorney General of the

Environmental and Natural Resource

Division, Department of Justice, P.O.

Box 7611, Ben Franklin Station,

Washington, DC 20044–7611, and

should refer to United States v.

Frederick Gendron, et al., Civil Action

No. 01–422–JD, Ref. 90–11–3–07116.

The proposed Consent Decree may be

examined at the Office of the United

States Attorney, District of New

Hamsphire, U.S. Department of Justice,

55 Pleasant Street, Room 352, Concord,

New Hamsphire, 03301–3904, and at

U.S. EPA New England (Region 1), One

Congress Street, Suite 1100, Boston,

Massachusetts, 02114–2023. A copy of

the proposed consent decree may be

obtained by mail from the Consent

Decree Library, P.O. Box 7611,

Washington, DC 20044–7611. In

requesting a copy, please enclose a

check (there is a 25 cent per page

reproduction cost) in the amount of

$6.00 payable to the Consent Decree

Library.

Ronald Gluck,

Assistant Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division, U.S. Department

of Justice.

[FR Doc. 01–31790 Filed 12–26–01; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Agreed

Amendments to Consent Decree

Pursuant to The Comprehensive

Environmental Response,

Compensation and Liability Act

In accordance with the policy of the

Department of Justice, notice is hereby

given that proposed Agreed

Amendments to Consent Decree in

United State of America v. City of Grand

Rapids, Michigan, Civil Action No. 1:99

CV 388, were lodged with the United

States District Court for the Western

District of Michigan, Southern Division,

on December 10, 2001. The original

consent decree, entered by the Court on

August 10, 2000, involved the

settlement of claims brought by the

United States, pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act, 42 U.S.C. 9601 et seq., against 53

Settling Defendants for reimbursement

of response costs and injunctive relief in

connection with the Butterworth No. 2

Landfill Superfund Site (‘‘Site’’) located

in Grand Rapids, Kent County,

Michigan. The proposed amendments

represent a settlement of claims by the

United States against 18 additional

Settling Defendants and seeks to add

them to the consent decree.

Under this settlement with the United

States, the 18 additional Settling

Defendants will collectively pay

$1,250,000 to the Settling Work

Defendants who will then implement

the entire remedy for the Site as set

forth in the Record of Decision issued

by the United States Environmental

Protection Agency in March 1992 and as

modified by an Explanation of

Significant Differences dated October

23, 1998. The 18 additional Settling

Defendants will also pay $131,500 to the

United States for past response costs

incurred in connection with the Site.

The Department of Justice will receive

comments relating to the proposed

amendments for a period of 30 days

from the date of this publication.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. City of Grand

Rapids, Michigan, et. al., D.J. Ref. 90–

11–2–145A.

The proposed Agreed Amendments to

Consent Decree may be examined at the

office of the United States Attorney for

the Western District of Michigan, 330

Ionia Avenue, N.W., Grand Rapids,

Michigan 49503; and at the Region 5

office of the Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590. A copy of

the proposed Agreed Amendments to

Consent Decree may be obtained by mail

from the Justice Consent Decree Library,

P.O. Box 7611, Washington, DC 20044–

7611. In requesting a copy of the

proposed amendments, please enclose a

check in the amount of $3.00 (25 cents

per page reproduction cost) payable to

the Consent Decree Library and refer to

United States v. City of Grand Rapids,

Michigan, et. al., D.J. Ref. 90–11–2–

145A. To obtain a copy of the original

Consent Decree, please enclose a check

in the amount of $33.75 (25 cents per

page reproduction cost) payable to the

Consent Decree Library and refer to

United States v. City of Grand Rapids,

Michigan, et. al., D.J. Ref. 90–11–2–

145A.

William D. Brighton,

Assistant Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 01–31784 Filed 12–26–01; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under the Comprehensive

Environmental Response,

Compensation, and Liability Act

In accordance with 28 CFR 50.7 and

section 122 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’), 42 U.S.C. 9622, the

Department of Justice hereby gives

notice that on December 13, 2001, a

proposed consent decree in the

consolidated actions United States v.

International Paper Co., et al., Civil

Action No. 01–C–693–C and

International Paper Co. v. City of

Tomah, WI, et al., Civil Action No. 00–

C–539–C was lodged with the United

States District Court for the Western

District of Wisconsin.

In this action, the United States,

under CERCLA Section 107, seeks

reimbursement from International Paper

and the City of Tomah, Wisconsin of

response costs incurred and to be

incurred for response actions taken at or

66934 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

in connection with the release or

threatened release of hazardous

substances at the Tomah Municipal

Sanitary Landfill site in Monroe County,

Wisconsin (‘‘the Site’’).

In the consolidated action,

International Paper Co., under CERCLA

Section 113(f), seeks reimbursement

from the City of Tomah, Wisconsin and

the United States Department of

Veterans Affairs of certain costs

International Paper allegedly incurred

in response to the release or threatened

release of hazardous substances at the

site.

The consent decree provides that: (1)

International Paper shall complete the

remedial action for Operable Unit 1 at

the Site, commenced pursuant to a

CERCLA Section 106, 42 U.S.C. 9606,

unilateral administrative order issued

by the U.S. Environmental Protection

Agency (‘‘U.S. EPA’’) to International

Paper; (2) the City of Tomah shall pay

$16,000 to the United States in

reimbursement of the United States’

past costs at the Site; and (3) the United

States, on behalf of the Department of

Veteran Affairs, shall pay $893,651.57 to

International Paper to ‘‘cash out’’ the

United States’ liability for past and

future costs at Operable Unit 1.

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, P.O. Box 7611, U.S.

Department of Justice, Washington, DC

20044–7611, and should refer to United

States v. International Paper Co., et al.,

D.J. Ref. 90–11–2–1317.

The Consent Decree may be examined

at the Office of the United States

Attorney, 600 West Washington, Ave.,

Ste. 200, Madison, WI 53701–1585, and

at U.S. EPA Region 5, 77 West Jackson

Boulevard, Chicago, IL 60604 (contact

Timothy Thurlow at (312) 886–6623). 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. In requesting a copy,

please enclose a check in the amount of

$24.50 (25 cents per page reproduction

cost) payable to the Consent Decree

Library.

William Brighton,

Assistant Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 01–31780 Filed 12–26–01; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Amendments to

Consent Decree

Under 28 CFR 50.7, notice is hereby

given that on November 29, 2001,

amendments to the Consent Decree filed

in United States v. Marine Shale

Processors, Inc., Civ. No. CV90–1240,

were lodged with United States District

Court for the Western District of

Louisiana. The original Consent Decree

was filed on February 19, 1998, and was

modified by an Order of the Court dated

February 23, 1999, and again on June

13, 2001.

In this action against Marine Shale

Processors, Inc., (‘‘MSP’’) the United

States sought to recover civil penalties

and enjoin violations to the Resource

Conservation and Recover Act

(‘‘RCRA’’), 42 U.S.C. 6901 et seq., the

Clean Water Act, 33 U.S.C. 1251 et seq.,

and the Clean Air Act 42 U.S.C. 7413.

The United States also sought relief

under the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’), 42 U.S.C. 9604, 9606, and

9607. MSP operated a facility in Morgan

City, Louisiana that treated hazardous

waste by combustion.

These amendments extend the

deadline by which a new company,

CTX, Inc. must purchase the assets and

liabilities of MSP, and extend the

‘‘Continuing Election’’ provision of the

Consent Decree. The amendments to

Section IV and V of the Consent Decree

provide that these deadlines are

extended until January 11, 2002.

The Department of Justice will receive

for a period of ten (10) days from the

date of this publication comments

relating to the 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 should refer

to United States v. Marine Shale

Processors, Inc., D.J. Ref. 90–11–2–204C.

In light of recent mail delays,

commenters should notify Darlene

Lyons, Department of Justice, of the

submission of any comments, by

telephone at 202–514–1605.

The consent decree amendments may

be examined at the Office of the United

States Attorney, Hale Boggs Federal

Building, 501 Magazine Street, New

Orleans, LA 70130, at U.S. EPA Region

VI, 1445 Ross Avenue Dallas, TX

75202–2733, and at the Consent Decree

Library, P.O. Box 7611, U.S. Department

of Justice, Washington, DC 20044–7611.

A copy of the consent decree

amendments may be obtained by mail

from the Consent Decree Library, P.O.

Box 7611, U.S. Department of Justice,

Washington, DC 20044–7611. In

requesting a copy, please enclose a

check in the amount of $1.00 (25 cents

per page reproduction cost) payable to

the Consent Decree Library.

Thomas A. Mariani, Jr.,

Assistant Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 01–31791 Filed 12–26–01; 8:45 am]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Under Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed consent decree in

United States v. Monongahela Power

Company, Inc. (d/b/a Allegheny Power),

C.A. No. 1 1:01–CV–6, was lodged on

November 9, 2001, with the United

States District Court for the Northern

District of West Virginia. The consent

decree resolves the United States’

claims against the defendant, pursuant

to the Federal Water Pollution Control

Act, also known as the Clean Water Act,

33 U.S. C. 1251–1387, as amended by

the Oil Pollution Act of 1990, Pub. L.

101–380 (‘‘CWA’’), and 40 CFR 112.4.

Specifically, the consent decree resolves

the United States’ claim against the

defendant for violating Sections 301 and

311 of the CWA, 33 U.S.C. 1311, 1321,

with respect to an oil spill that occurred

at the defendant’s Belmont Substation,

located in Pleasants County, West

Virginia. Further, the consent decree

resolves the United States’ claim against

defendant for failing to submit a copy of

its Spill Prevention Control and

Countermeasures (‘‘SPCC’’) Plan to the

Environmental Protection Agency

within 60 days after the spill, as

required by 40 CFR 112.4.

Under the consent decree, the

defendant will pay a total civil penalty

in the amount of $252,000 to resolve the

violations with respect the discharge

and failure to submit its SPCC Plan in

a timely manner. In addition, the

defendant has agreed to implement

agreed-upon injunctive relief measures,

which include, inter alia, replacement

of the transformer that failed and caused

the discharge, upgrading containment

around certain transformers at the

Substation, and adding additional

equipment at the Substation that will

aid in addressing any future spills. The

civil penalty is due to be paid within

thirty (30) days after entry of the

consent decree by the Court.