[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 7998-7999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1420]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Resource Conservation 
and Recovery Act

    Under 28 CFR 50.7, notice is hereby given that on January 25, 2006, 
a proposed Consent Decree in United States v. City of New York, Civil 
Action No. 02-9653, was lodged with the United States District Court 
for the Southern District of New York.
    The City operates over 1,600 underground storage tanks (``USTs''), 
which it uses to distribute fuel for use in City-owned vehicles. The 
United States filed a complaint in December 2002 alleging various 
violations of the Resource Conservation and Recovery Act (``RCRA''), 42 
U.S.C. 6991e, and its implementing regulations governing USTs regarding 
these tanks, including: Failure to upgrade the tanks to prevent leaks; 
failure to implement methods for detecting leaks; failure to 
investigate suspected leaks; and various related recordkeeping 
violations. The proposed settlement provides for the City to pay

[[Page 7999]]

a $1.3 million civil penalty, to come into compliance with RCRA 
including to upgrade its tanks, and to monitor its tanks for leaks. The 
proposed settlement also provides for the City to implement injunctive 
relief, including installation of a centralized monitoring system for 
all USTs operated by three city agencies: the Fire Department, the 
Department of Transportation, and the Police Department.
    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. City of New York, D.J. No. 90-7-1-07807.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 86 Chambers Street, New York, New York 10007, and at 
the Region II Office of the U.S. Environmental Protection Agency, 
Region II Records Center, 290 Broadway, 17th Floor, New York, NY 10007-
1866. During the public comment period, the Consent Decree also 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, please enclose a 
check in the amount of $4.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-1420 Filed 2-14-06; 8:45 am]
BILLING CODE 4410-15-M