[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Page 57083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21307]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended (``CERCLA'')

    Pursuant to 28 CFR 50.7, notice is hereby given that on August 30, 
2004, a proposed consent decree in United States v. Becton Dickinson 
AcuteCare Holdings, Inc., et al., Civil No. 04-1888 (CC), was lodged 
with the United States District Court for the District of Puerto Rico.
    In this action, the United States sought reimbursement of past 
response costs, civil penalties, and injunctive relief under Sections 
106 and 107 of CERCLA, against Becton Dickinson AcuteCare Holdings, 
Inc., Browning-Ferris Industries of Puerto Rico, Inc., General Electric 
Co., the Municipality of Juncos, Puerto Rico, the Puerto Rico Land 
Administration, and the Puerto Rico Development and Housing Improvement 
Administration, in connection with the former Juncos Municipal Landfill 
Site in Juncos, Puerto Rico. This consent decree resolves the liability 
of the three governmental defendants. These three defendants owned and/
or operated this Site, which was used for the disposal of hazardous 
substances. This settlement will require that these three defendants 
pay a total of $650,000 plus accrued interest, $150,000 of which is for 
reimbursement of past costs incurred by the United States at the Site 
through May 2003, and $500,000 of which the United States has 
designated as a civil penalty pursuant to section 106 of CERCLA, 42 
U.S.C. 9606, for acts and omissions prior to May 22, 2003, that EPA has 
deemed to constitute noncompliance, without sufficient cause, with the 
terms and conditions of two administrative orders. $195,000 of the 
total amount is to be paid at the time of lodging of the Consent 
Decree, and the remainder is to be paid within one year thereof.
    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. Becton Dickinson AcuteCare Holdings, Inc., et al., 
D.J. Ref. 90-11-2-717A.
    The consent decree may be examined at the Office of the United 
States Attorney, Torre Chardon, Suite 1201, 350 Carlos Chardon Avenue, 
San Juan, Puerto Rico, and at U.S. EPA Region 2, Office of Regional 
Counsel, 290 Broadway, New York, New York. During the public comment 
period, the consent 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 from the 
consent Decree Library, please enclose a check in the amount of $6.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-21307 Filed 9-22-04; 8:45 am]
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