[Federal Register Volume 66, Number 24 (Monday, February 5, 2001)]
[Notices]
[Page 8983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2909]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    In accordance with 28 CFR 50.7 and section 122 of the Comprehensive 
Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, 
the Department of Justice gives notice that a proposed consent decree 
in United States v. Goodyear Tire & Rubber Co., No. 6:96-cv-07215 
(W.D.N.Y.), was lodged with the United States District Court for the 
Western District of New York on January 19, 2001, pertaining to the 
reimbursement of response costs, payment of damages for injury to 
natural resources, and implementation of the United States 
Environmental Protection Agency's selected remedial action for the 
Forest Glen Subdivision Superfund Site (``Site''), City of Niagara 
Falls and Town of Niagara, Niagara County, New York.
    Under the proposed consent decree, The Goodyear Tire & Rubber 
Company (``Goodyear'') will implement U.S. EPA's selected remedy for 
operable units 2 and 3 (soils and ground water) at the Site. Goodyear 
will reimburse $8.6 million to the United States for previously 
incurred response costs and will pay all future and interim response 
costs incurred by the United States. Goodyear will also pay $445,000 as 
damages for the loss, destruction, or injury to natural resources, 
including $21,000 in costs incurred for assessment of such damages. 
Three other defendants--Niagara Falls U.S.A. Campsite, Inc., Guy T. 
Sottile, and John A. Brundage--will pay a total of $81,000 in response 
costs, based on ability to pay. The Consent Decree includes a covenant 
not to sue by the United States under Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9601 et seq. (``CERCLA''), and Section 7003 of the Resource 
Conservation and Liability Act (``RCRA''), 42 U.S.C. 6973. Appendices I 
and J to the Consent decree pertain to transfers of real property that 
will facilitate redevelopment of the Site; these have been lodged in 
blank and will be replaced by executed copies, possibly with minor 
modifications, before entry of the consent decree.
    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. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resource Division, United 
States Department of Justice, Washington, D.C. 20530, and should refer 
to United States v. Goodyear Tire & Rubber Company, No. 6:96-cv-07215 
(W.D.N.Y.), and DOJ Reference No. 90-11-3-698. Commenters may request 
an opportunity for a public meeting in the affected area, in accordance 
with RCRA Section 7003(d), 42 U.S.C. 6973(d).
    The proposed consent decree may be examined at: (1) the Office of 
the United States Attorney for the Western District of New York, 138 
Delaware Ave., Buffalo, New York 14202, (716) 551-4811; and (2) the 
United States Environmental Protection Agency (Region 2), 290 Broadway, 
New York 10007 (contact James Doyle ((212) 637-3105). A copy of the 
proposed consent decree may be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, Washington, DC 20044. In requesting a copy, 
please refer to the referenced case and DOJ Reference Number and 
enclose a check in the amount of $27.75 for the consent decree only 
(111 pages at 25 cents per page reproduction costs), or $71.25 for the 
consent decree and all appendices (285 pages), made payable to the 
Consent Decree Library.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 01-2909 Filed 2-2-01; 8:45 am]
BILLING CODE 4410-15-M