[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Notices]
[Page 11877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5880]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on February 27, 
2003, a proposed Amendment to the Consent Decree entered on December 9, 
1997 (``Amendment'') in United States v. Ajax/Acorn Manufacturing, 
Inc., Civil Action No. 89-7421, was lodged with the United States 
District Court for the Eastern District of Pennsylvania.
    The 1997 consent decree resolved the liability of twenty-two 
municipalities and a private waste hauler for claims of the United 
States and the Pennsylvania Department of Environment Protection 
(``PADEP'') under sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 
and 9607, at the Moyer Landfill Superfund Site, located in Lower 
Providence Township, Montgomery County, Pennsylvania (``the Site''). 
The 1997 consent decree required the settling defendants to design and 
construct an on-site treatment plant to treat leachate from the Site.
    The proposed Amendment reflects that EPA has now adopted a 
contingent remedy under which leachate will be sent through the local 
sewer main to the Oaks Sewage Treatment Plant for treatment. Under the 
Amendment, the settling defendants are no longer obligated to perform 
work related to leachate treatment that will now be the responsibility 
of PADEP. The Amendment also provides that $600,000 remaining in the 
settling defendants trust account for construction of the on-site 
treatment plant will be paid to PADEP, since PADEP has assumed 
responsibility for design, construction, operation and maintenance of 
the remedy for leachate treatment at the Landfill.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Amendment. 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 States v. Ajax/Acorn Manufacturing Inc., Civil Action No. 89-
7421, D.J. Ref. 90-11-3-145.
    The Amendment may be examined at the Office of the United States 
Attorney, Eastern District of Pennsylvania, 615 Market Street, Suite 
1250, Philadelphia, PA, 19106, and at U.S. EPA Region III, 1650 Arch 
Street, Philadelphia, PA 19103-2029. During the public comment period, 
the Amendment may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
Amendment 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 or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $47.75 payable to the 
U.S. Treasury. In requesting a copy exclusive of exhibits and 
defendants' signatures, please enclose a check in the amount of $8.25 
payable to the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-5880 Filed 3-11-03; 8:45 am]
BILLING CODE 4410-15-M