[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Notices]
[Pages 74970-74971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31783]


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DEPARTMENT OF JUSTICE


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

    In accordance with 28 U.S.C. 50.7, notice is hereby given that on 
December 12, 2003, a proposed Consent Decree in United States v. 
William J. Gallagher, Executor of the Estate of Sara Noznesky, Civ. No. 
00-5707-BWK (E.D. Pa.), was lodged with the United States District 
Court for the Eastern District of Pennsylvania.
    The proposed consent decree would resolve the United States' claims 
under sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606, 9607, 
against William J. Gallagher, Executor of the Estate of Sara Noznesky 
(``Settling Defendant'') for response costs incurred by EPA at the 
Kennett Square Junkyard Superfund Site (``Site'') located in Chester 
County, Pennsylvania. The Estate of Sara Noznesky is the current owner 
and operator of the Site and thus is liable under CERCLA section 
107(a)(1).
    EPA has thoroughly evaluated the Settling Defendant's ability to 
pay, and has determined that the Settling Defendant can afford to pay: 
(1) An initial payment of $100,000; (2) one hundred percent (100%) of 
the net proceeds from the sale of the Site property; and (3) fifty 
percent (50%) of the funds that will be generated from amended tax 
returns. The total settlement amount is estimated at approximately 
$500,000. Settling Defendant has agreed to make the above stated 
payments to EPA to resolve its liability for the conditions 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 States v. William J. Gallagher, Executor of the Estate of Sara 
Noznesky, Civ. No. 00-5707 (E.D. Pa.), D.J. Ref. 90-11-3-07086.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Eastern District of Pennsylvania, 615, Chestnut 
Street, Philadelphia, PA, 19106, and at U.S. EPA Region 3, 1650 Arch 
Street, Philadelphia, PA 19103-2029. During the public comment period, 
the Consent

[[Page 74971]]

Decree, may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, PO 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 of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$13.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-31783 Filed 12-24-03; 8:45 am]
BILLING CODE 4410-15-M