[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Notices]
[Pages 16759-16760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8363]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 14, 2002, a proposed Consent 
Decree in United States v. T H Agriculture & Nutrition, L.L.C., Civil 
Action No. 1:02-CV-38-2, was lodged with the United States District 
Court for the Middle District of Georgia.
    In this action the United States sought injunctive relief in order 
to remedy conditions in connection with the release and threatened 
release of hazardous substances into the environment at and from 
Operable Unit Number 1 of the T.H. Agriculture and Nutrition Superfund 
Site (``Site'') in Albany, Dougherty County, Georgia. The United States 
also sought to recover unreimbursed costs incurred and to be incurred 
for response activities undertaken and to be undertaken at Operable 
Unit Number 1 of the Site. The Site consists of two former pesticide 
formulation facilities. The proposed Consent Decree settles claims 
against defendant T H Agriculture & Nutrition, L.L.C. (``THAN'') 
pursuant to Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606, 
9607, with respect to injunctive relief and response costs sought. The 
proposed Consent Decree requires the Defendant, THAN, to implement the 
remedy selected by the Environmental Protection Agency (``EPA'') for 
Operable Unit Number 1. The proposed Consent Decree provides for the 
defendant to file a motion to dismiss with prejudice its appeal from a 
United States District Court decision denying its claim for 
reimbursement of response costs under CERCLA Section 106(b)(2), 42 
U.S.C. 9606(b)(2), currently on appeal before the United States Court 
of Appeals for the Eleventh Circuit as Appeal No. 00-12854-BB, T H 
Agriculture & Nutrition v. EPA, et al. The proposed Consent Decree 
provides that the defendant shall not be required to pay for the United 
States' past or future response costs 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, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United

[[Page 16760]]

States v. T H Agriculture & Nutrition, L.L.C., D.J. Ref. 90-11-3-1426/
2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Middle District of Georgia, 433 Cherry Street, 5th 
Floor, Macon, Georgia 31202, and at U.S. EPA Region IV, 61 Forsyth 
Street, Atlanta, Georgia 30303. 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 $65.50 (25 cents per page 
reproduction cost) payable to the Consent Decree Library. In requesting 
a copy exclusive of appendices, please enclose a check in the amount of 
$11.75 (25 cents per page reproduction cost) payable to the Consent 
Decree Library.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-8363 Filed 4-5-02; 8:45 am]
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