[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Notices]
[Page 3886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-603]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on January 10, 2006, a proposed Consent Decree in 
United States v. Beehive Barrel and Drum, Inc. d/b/a Cascade Cooperage, 
Inc. (D. Utah), C.A. No. 2:04-CV-00570 (TC), was lodged with the United 
States District Court for the District of Utah, Central Division.
    In this action, the United States seeks response costs incurred and 
to be incurred by the Environmental Protection Agency (``EPA''), 
pursuant to Section 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act, as amended (``CERCLA''), 42 U.S.C. 
9607, in connection with the Service First Barrel and Drum Site, 
located in Salt Lake City, Utah. Three defendants, Adria Rossomondo, 
Arthur Rossomondo, and Beehive Barrel and Drum, Inc. d/b/a Cascade 
Cooperage, Inc. (``Rossomondo Defendants''), have resolved the United 
States' response cost claims through this Consent Decree. The 
settlement incorporated in the Consent Decree does not resolve the 
United States' response cost claims or any other claim with respect to 
the five other defendants named in the complaint.
    The Consent Decree provides, inter alia, that the Rossomondo 
Defendants and EPA will enter into a settlement pursuant to EPA's 
ability-to-pay policies and procedures. As part of settlement 
negotiations, EPA requested that the Rossomondo Defendants provide 
information regarding each defendant's financial status, and the 
Rossomondo Defendants cooperatively provided all of the requested 
information, which was necessary under EPA's policies and procedures to 
perform an ability-to-pay settlement analysis. Based upon the analysis, 
EPA determined that the Rossomondo Defendants had the financial ability 
to pay a nominal amount, or $325.00, of EPA's response costs that were 
incurred in connection with the clean-up of the Site.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General for the 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. Beehive Barrel and Drum, Inc. d/b/a Cascade 
Cooperage, Inc., DOJ Ref. No. 90-11-3-08170.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 185 South State, Ste. 400, Salt Lake City, Utah 
84111; and U.S. EPA Region 8, 999 18th Street, Denver, Colorado 80202. 
During the public comment period, the proposed 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 proposed Consent Decree 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 
number (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy of the Consent Decree from the Consent Decree 
Library, please enclose a check in the amount of $6.00 (.25 cents per 
page reproduction costs), payable to the U.S. Treasury.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-603 Filed 1-23-06; 8:45 am]
BILLING CODE 4410-15-M