[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Page 52127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17375]


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DEPARTMENT OF JUSTICE


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

    Pursuant to Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), 
notice is hereby given that on August 17, 2005, a proposed Consent 
Decree in United Stated v. Carrier Corporation, CV 05-6022 ABC (RCx) 
(C.D. Cal.), was lodged with the United States District Court for the 
Central District of California.
    The Consent Decree resolves claims against Carrier Corporation 
(``Carrier'') brought by the United States on behalf of the 
Environmental Protection Agency (``EPA'') under Sections 106 and 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9606 and 9607, and Section 7003 of the 
Resource Conservation and Recovery Act, as amended (``RCRA''), 42 
U.S.C. 6973, for the performance of response actions and for the 
reimbursement of response costs incurred and to be incurred by EPA in 
connection with the release and threatened release of hazardous 
substances at the Puente Valley Operable Unit of the San Gabriel Valley 
Superfund Site, Area 4 (``Site'') in Los Angeles County, California.
    Under the proposed Consent Decree, Carrier and its parent 
corporation, United Technologies Corporation (together, ``Settling 
Defendants''), will perform a portion of the interim remedy for the 
Site. Specifically, Settling Defendants will construct a shallow 
groundwater zone remediation system and operate that system for eight 
years once the system is operational and functional. In addition, 
Settling Defendants will reimburse the United States a portion of past 
response costs and pay future oversight costs incurred by EPA related 
to the work. Additionally, the Consent Decree requires payment of a 
civil penalty for noncompliance with an EPA cleanup order issued to 
Carrier, performance of a supplemental environmental project in further 
mitigation of that penalty, and monitoring of upgradient contamination 
for a period of eight years.
    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, with a copy to 
Matthew A. Fogelson, Trial Attorney, U.S. Department of Justice, 
Environment and Natural Resources Division, Environmental Enforcement 
Section, 301 Howard Street, Suite 1050, San Francisco, CA 94105, and 
should refer to United States v. Carrier Corporation, CV 05-6022 ABC 
(RCx), DOJ Ref. 90-11-2-354/15. Commenters may request an 
opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The Consent Decree may be examined at the Office of the United 
States Attorney, Civil Division, c/o AUSA Suzette Clover, 300 North Los 
Angeles Street, Room 7516, Los Angeles, California 90012. During the 
public comment period, the Consent Decree may be examined on the 
Department of Justice Web site at http://www.usdoj.gov/enrd/open.html. 
A copy of the Consent Decree also may 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, please refer 
to United States v. Carrier Corporation, CV 05-6022 ABC (RCx), DOJ Ref. 
90-11-2-354/15, and enclose a check in the amount of $77.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury. To 
receive the Consent Decree without the Appendices, pay $19.75.

Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 05-17375 Filed 8-31-05; 8:45 am]
BILLING CODE 4410-15-M