[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Page 5697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2004]


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DEPARTMENT OF JUSTICE


Notice of Lodging of First Round De Minimis Consent Decree Under 
the Comprehensive Environmental Response, Compensation and Liability 
Act

    Notice is hereby given that on January 6, 2005, a proposed First 
Round De Minimis Consent Decree in United States v. Aetna Inc., et al. 
Civil Action No. 05-15, (Related Case United States v. Allegheny Ludlum 
Corp., et al., C.A. No. 97-1863) was lodged with the United States 
District Court for the Western District of Pennsylvania.
    In the Aetna, Inc., et al. action the United States seeks the 
recovery of response costs incurred in connection with the Breslube 
Penn Superfund Site, located in Coraopolis, Moon Township, 
Pennsylvania. The complaint alleges that each of the named defendants 
either arranged for the treatment and/or disposal of wastes containing 
hazardous substances at the Site, or transported wastes containing 
hazardous substances to the Site, and selected the Site, within 42 
U.S.C. 9607(a). The complaint names 72 defendants, each of which have 
signed the proposed First Round De Minimis Consent Decree. Under the 
Consent Decree, each of the 72 named defendants would pay a 
proportionate share of all past and future response costs incurred and 
to be incurred at the Site, plus a premium. Further, under the Consent 
Decree, all Federal agencies that had wastes treated and/or disposed of 
at the Site, shall likewise pay a proportionate share of all past and 
future response costs incurred and to be incurred at the Site, plus a 
premium. In return for these payments, the 72 defendants and Federal 
agencies would receive a covenant not to sue (or not to take 
administrative action) by the United States, subject to certain 
reservations of rights, and contribution protection from suit by other 
potentially responsible parties. The total recovery under this Consent 
Decree should be approximately $890,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the First 
Round De Minimis Consent Decree in United States v. Aetna, Inc., et al. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Aetna, Inc., et al. D.J. Ref. 90-11-3-1762/1.
    The Aetna, Inc. et al. Consent Decree may be examined at the Office 
of the United States Attorney for the Western District of Pennsylvania, 
at 700 Grant Street, Suite 400, Pittsburgh, PA 15219 (ask for Jessica 
Lieber Smolar) and at U.S. EPA Region III's Office, 1650 Arch Street, 
Philadelphia, PA (ask for Mary Rugala). During the public comment 
period, the United States v. Aetna, Inc., et al. 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 $31.00 (25 cents per page reproduction cost) for 
a full copy of the consent decree, or $13.00, for a copy without 
signature pages, payable to the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-2004 Filed 2-2-05; 8:45 am]
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