[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Page 31370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11546]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Responses, Compensation, and Liability Act and the Solid 
Waste Disposal Act

    Notice is hereby given that a proposed consent decree in United 
States and State of California Department of Toxic Substances Control 
v. J.H. Mitchell & Sons Distributors, Inc. and Screwmatic, Inc., Civil 
No. 02-03009 CAS (RZx) (C.D. Cal.), was lodged on April 11, 2002, with 
the United States District Court for the Central District of 
California.
    This consent decree represents a settlement of claims brought 
against J.H. Mitchell & Sons Distributors, Inc. (``J.H. Mitchell'') and 
Screwmatic, Inc. (``Screwmatic'') pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9601-9675, and Section 7003 of the Solid Waste Disposal Act, 
as amended by the Resource Conservation and Recovery Act of 1976 and 
the Hazardous and Solid Waste Amendments of 1984 (collectively 
``RCRA''), 42 U.S.C. 6973. In the complaint filed concurrently with the 
lodging of the consent decree, the United States and the State of 
California Department of Toxic Substances Control (``DTSC'') sought 
injunctive relief for performance of response actions under CERCLA 
section 106, 42 U.S.C. 9606, and RCRA Section 7003, 42 U.S.C. 6973, and 
reimbursement for response costs under CERCLA section 107, 42 U.S.C. 
9607, incurred by the United States Environmental Protection Agency 
(``EPA''), the United States Department of Justice (``DOJ''), and DTSC, 
in response to releases of hazardous substances at the Baldwin Park 
Operating Unit of the San Gabriel Valley Superfund Sites, Areas 1-4, 
located in and near the cities of Azusa, Irwindale, Baldwin Park, and 
Covina in Los Angeles County, California.
    The proposed consent decree requires J.H. Mitchell to pay $516,000 
to the United States for response costs incurred by EPA and DOJ, and to 
pay $84,000 to DTSC for response costs incurred by DTSC. Screwmatic is 
required to pay $860,000 to the United States and $140,000 to DTSC. The 
proposed consent decree includes a covenant-not-to-sue under sections 
106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and under section 7003 of 
RCRA, 42 U.S.C. 6973.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, U.S. 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
should refer to United States and the State of California Department of 
Toxic Substances Control v. J.H. Mitchell & Sons Distributors, Inc. and 
Screwmatic, Inc., DOJ Ref. #90-11-2-354/6. Please send a copy of the 
comments to Robert D. Mullaney, U.S. Department of Justice, 301 Howard 
St., Suite 1050, San Francisco, CA 94105. Commenters may request an 
opportunity for a public meeting in the affected area, in accordance 
with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed consent decree may be examined at the Region IX Office 
of the Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105. A copy of the proposed Consent Decree may also be 
obtained by mail from the Consent Decree Library, U.S. Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611, or by faxing a 
request to Tonia Fleetwood, Department of Justice Consent Decree 
Library, fax no. (202) 514-0097; phone confirmation no. (202) 514-1547. 
There is a charge for the copy (25 cent per page reproduction cost). In 
requesting a copy, please enclose a check, payable to the ``U.S. 
Treasury,'' in the amount of $88.00. (A copy of the decree, exclusive 
of attachments, may be obtained for $7.50.)

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 02-11546 Filed 5-8-02; 8:45 am]
BILLING CODE 4410-15-M