[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Notices]
[Page 12573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6280]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Partial Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as Amended

    Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and 
42 U.S.C. 9622(d), notice is hereby given that on February 7, 2002, a 
proposed Partial Consent Decree (``Decree'') in United States of 
America v. AlliedSignal Inc., et al., Civil Action No. 95-CV-0950-
C(Sc), and United States of America v. Niagara Frontier Transportation 
Authority, Inc., et al., Civil Action No. 96-CV-0219C(Sc), was lodged 
with the United States District Court for the Western District of New 
York.
    In these consolidated actions, the United States sought 
reimbursement of response costs incurred by the United States in 
connection with clean up activities at the Bern Metals and Universal 
Iron and Metals Superfund Sites located in the City of Buffalo, Erie 
County, New York, pursuant to Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607. The Decree provides that the settling defendant, 
Consolidated Rail Corporation (``Conrail''), alleged to be liable under 
section 107(a)(2) of CERCLA as an owner of a portion of the Bern Metals 
Site, will deposit into an interest-bearing escrow account, within 30 
days of receiving notice of lodging of the Decree, $300,000 in 
reimbursement of EPA's past response costs incurred at the Bern Metals 
Site. Within 20 days after receiving notice of entry of the Decree, 
Conrail shall withdraw and pay to the United States all principal and 
accrued interest from the designated escrow account.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Allied Signal Inc., et al., D.J. Ref. No. 90-11-2-
1147, and United States v. Niagara Frontier Transportation Authority, 
Inc., et al., D.J. Ref. No. 90-11-3-1571.
    The Decree may be examined at the Office of the United States 
Attorney, Western District of New York, 138 Delaware Avenue, Buffalo, 
New York 14202, and at the U.S. Environmental Protection Agency, Region 
II, 290 Broadway, New York, New York 10007-1866. A copy of the 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 a request to Tonia Fleetwood, fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy, please 
enclose a check in the amount of $5.50 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-6280 Filed 3-18-02; 8:45 am]
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