[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Notices]
[Page 8557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4433]


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DEPARTMENT OF JUSTICE


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

    Under section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 CFR 
50.7, notice is hereby given that on January 9, 2002, a proposed 
Consent Decree in two consolidated cases, United States v. Allied 
Battery Co., Civil No. CV-98-N-0446-S, and United States v. CSX 
Transportation, Inc., CV-98-N-2561-S, was lodged with the United States 
District Court for the Northern District of Alabama.
    The United States' Complaints in these actions seek recovery of 
over $2.1 million in costs incurred by the United States Environmental 
Protection Agency in conducting a soil cleanup removal action at the 
Carlie Lee Superfund Site near Birmingham, Alabama. The United States 
filed its Complaints pursuant to section 107(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9607(a).
    The proposed Consent Decree contains a settlement with the 
remaining Defendants, two Third-party Defendants, and two federal 
agencies. The Settling Defendants and Third-party Defendants are CSX 
Transportation, Lucent Technologies, Thompson Tractor Company, 
BellSouth Corporation, BellSouth Telecommunications, Inc., and 
Jefferson County, Alabama. The settling federal agencies are the U.S. 
Department of Defense, including the Defense Reutilization and 
Marketing Service (``DRMS''). Under the proposed Consent Decree, the 
settlors collectively agree to pay a total of $978,214.68. The settling 
Defendants and Third-party Defendants have agreed to pay a total of 
$608,666.91. The settling federal agencies have agreed to pay 
$369,547.75.
    The Department of Justice will receive comment relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments which are addressed to the Department of Justice in 
Washington, D.C. and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent: (1) By regular, first-class mail through the U.S. 
Postal Service, c/o Karen Singer, U.S. Environmental Protection Agency, 
Region 4, EAD, 61 Forsyth Street, S.E., Atlanta, Georgia, 30303; and/or 
(2) by facsimile to (202) 353-0296; and/or (3) by overnight delivery, 
other than through the U.S. Postal Service, to Chief, Environmental 
Enforcement Section, 1425 New York Avenue, NW, 13th Floor, Washington, 
DC 20005.
    Each communication should refer on its face the U.S. v. CSX 
Transp., CV98-N-2561-S, and D.J. Ref. 90-11-3-1758/1.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the Northern District of Alabama, 200 Fed. 
Bldg., 1800 Fifth Avenue North, Room 200, Birmingham, Alabama, and also 
at the Region 4 Office of the Environmental Protection Agency, Region 
4, 61 Forsyth Street, SE., Atlanta, Georgia.
    A copy of the proposed Consent Decree may also be obtained by 
faxing a request to Tonia Fleetwood, Department of Justice Consent 
Decree Library, fax no. (202) 616-6584; phone confirmation no. (202) 
514-1547.
    There is a charge for the copy (25 cents per page reproduction 
cost). Upon requesting a copy, please mail a check payable to the 
``U.S. Treasury'' in the amount of $7.00, to: Consent Decree Library, 
U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044-7611. 
The check should refer to U.S. v. CSX Transp., D.J. No. 90-11-3-1758/1.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 02-4433 Filed 2-22-02; 8:45 am]
BILLING CODE 4410-15-M