[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71171-71172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23269]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America, Certain Klamath Falls Homeowners, and the MBK Partnership and 
Its Partners and Affiliated Entities Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on November 
18, 2005, a proposed Consent Decree (``Consent Decree'') in the case of 
Burns v. MBK, et al. v. United States, Civil Action No. 03-3021-HO (D. 
Or.), was lodged with the United States District Court for the District 
of Oregon.
    The United States claims in this action sought the recovery of 
costs incurred in connection with response actions taken by the United 
States Environmental Protection Agency at the North Ridge Estates 
residential real estate development in Klamath Falls, Oregon (``the 
Site''). Under the terms of the Consent Decree, the MBK Partnership, 
and its partners and affiliated entities, will pay $433,333 to EPA for 
the completion of an RI/FS at the Site. The United States will also 
pay, on behalf of the United States Department of Health and Human 
Services, General Services Administration, Department of the Navy and 
Department of Defense, $400,000 to EPA for the completion of the RI/FS. 
In addition, pursuant to a separate settlement of their civil 
litigation against the MBK defendants, the homeowners that are a party 
to the Consent Decree have agreed to receive compensation for their 
homes, and to vacate their homes, so that EPA may complete its 
investigation and response action at the Site, and a receiver appointed 
by the United States District Court for the District of Oregon may 
attempt to redevelop and sell the property in return for the 
implementation of any final cleanup action. Under the Consent Decree, 
the United States will provide a covenant not to sue and contribution 
protection to the homeowners, the MBK defendants, and the receiver.
    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 
Burns v. MBK et al. v. United States, Civil Action No. 03-3021-HO (D. 
Ore.), D.J. Ref. 90-11-2-08462.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Oregon, 1000 SW. Third Ave., Portland, 
Oregon 97204-2902. During the public comment period, the Consent Decree 
may 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, 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 from the Consent Decree Library,

[[Page 71172]]

please enclose a check in the amount of $9.50 (25 cents per page 
reproduction cost, without attachments) payable to the United States 
Treasury for payment.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-23269 Filed 11-23-05; 8:45 am]
BILLING CODE 4410-15-M