[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Page 49475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7109]



[[Page 49475]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 9, 2006, a proposed consent 
decree in United States v. NCH Corporation, et al., Civil Action No. 
98-5268 (SDW) and United States v. FMC Corporation, et al., Civil 
Action No. 01-0476 (JCL), was lodged with the United States District 
Court for the District of New Jersey.
    In these actions the United States sought recovery of response 
costs pursuant to Section 107(a) of CERCLA, for costs incurred related 
to the Higgins Farm Superfund Site in Franklin Township, New Jersey and 
the Higgins Disposal Superfund Site in Kingston, New Jersey. The 
consent decree requires NCH Corporation to (1) takeover the operation 
and maintenance of the Higgins Farm Superfund Site groundwater 
treatment system; (2) conduct an investigation to determine if 
contaminated groundwater has migrated beyond the Higgins Farm property 
borders; (3) conduct additional studies and/or response actions EPA 
determines are necessary as a result of the groundwater investigation; 
(4) reimburse EPA's oversight costs relating to the groundwater 
investigation; (5) pay $1,000,000.00 in reimbursement of the United 
States' past and future response costs at the Higgins Farm Superfund 
Site; (6) pay $565,000.00 to reimburse the United States for the 
interim costs incurred by EPA at the Higgins Farm Superfund Site while 
the settlement was being negotiated; and (7) pay $500,000.00 in 
reimbursement of the United States' past and future response costs at 
the Higgins Disposal Superfund Site.
    The consent decree also requires the United States, on behalf of 
the Department of Energy, to (1) pay to the Superfund $2,800,000.00 in 
past costs for the Higgins Farm Superfund Site; (2) pay $2,000,000.00 
in future costs for the Higgins Farm Superfund Site to NCH Corporation; 
and (3) pay to the Superfund $4,500,000.00 in past and future costs for 
the Higgins Disposal Superfund Site.
    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. NCH Corporation, et al., D.J. Ref.  90-11-3-
1486/1 or United States v. FMC Corporation, et al., D.J. Ref.  
90-11-3-1486/2.
    The consent decree may be examined at the Office of the United 
States Attorney, 970 Broad Street, Suite 700, Newark, NJ 07102 (contact 
Susan Steele) and at U.S. EPA Region II, 290 Broadway, New York, New 
York 10007-1866 ( contact Deborah Schwenk). During the public comment 
period, the consent decree, amy also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decree.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 $70.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-7109 Filed 8-22-06; 8:45 am]
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