[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Page 42211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15999]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Oil Pollution Act 
of 1990, the Federal Water Pollution Control Act, and the Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that, on June 28, 2004, proposed Consent 
Decrees in United States vs. Modesto Energy Limited Partnership, 
Modesto Environmental Corp., Enpower Management Corp., and CMS 
Generation Co., Civil Action No. S-04-1231 LKK KJM, were lodged with 
the United States District Court for the Eastern District of 
California.
    In this action, the United States brought suit pursuant to the Oil 
Pollution Act of 1990 (``OPA''), 33 U.S.C. 2701 et seq., the Federal 
Water Pollution Control Act (``FWPCA''), 33 U.S.C. 1251 et seq. and the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., seeking unreimbursed costs of 
approximately $3,430,564.74, exclusive of interest, incurred by the 
United States, and/or expended by the Oil Spill Liability Trust Fund, 
in responding to a tire fire/oil spill at the Westley ``tires-to-
energy'' facility located in Westley, California. One Consent Decree 
provides for Modesto Energy Limited Partnership, et al., to pay 
$482,000 in Past Response Costs related to the release of oil and 
hazardous substances at the Site. The other Consent Decree provides for 
CMS Generation Co. to pay $475,000 in Past Response Costs related to 
the release of oil and hazardous substances 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 Decrees. 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 U.S. vs. Modesto Energy Limited Partnership, et al. D.J. Ref. 
90-5-1-1-07881.
    The Consent Decrees may be examined at the Office of the United 
States Attorney, at 501 I Street, Suite 10-100 Sacramento, California 
95814-2322. During the public comment period, the Consent Decrees may 
also be examined on the following Department of Justice Web site http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decrees 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 from the Consent Decree 
Library, please enclose a check in the amount of $4.50 (25 cents per 
page reproduction cost) for each Consent Decree, payable to the U.S. 
Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-15999 Filed 7-13-04; 8:45 am]
BILLING CODE 4410-15-M