[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Notices]
[Pages 63185-63186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5582]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Two Consent Decrees

    Notice is hereby given that on October 23, 2007, two proposed 
Consent Decrees were lodged with the United States District Court for 
the Central District of California. One Consent Decree was lodged in 
the case United States v. Andruss Family Trust, et al., Civil Action 
No. 2:07-cv-06873 FMC (C.D. Cal.), and another Consent Decree was 
lodged in the case United States v. Abercrombie, et al., Civil Action 
No. 2:07-cv-06870 ABC (C.D. Cal.).
    In both cases the United States of America (``United States''), on 
behalf of the Administrator of the United States Environmental 
Protection Agency (``EPA''), and the California Department of Toxic 
Substances Control (``Department''), filed a complaint pursuant to 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9607, 
seeking reimbursement of response costs incurred or to be incurred for 
response actions taken in connection with the release or threatened 
release of hazardous substances at the South El Monte Operable Unit of 
the San Gabriel Valley Area 1 Superfund Site in South El Monte, Los 
Angeles County, California (the ``South El Monte O.U.'').
    Under the proposed Consent Decree in Abercrombie, 26 potentially 
responsible parties with respect to the South El Monte O.U. will pay a 
total of about $3.2 million (collectively). The settlement amounts are 
based on each settling defendant's ability to pay. In exchange for the 
payment, the plaintiffs covenant not to sue each settling defendant 
under Section 106 or 107 of CERCLA with respect to the South El Monte 
O.U.
    Under the proposed Consent Decree in Andruss, there are 13 settling 
defendants. In exchange for prior payments of over $5.8 million that 
have been made by these 13 settling defendants in reimbursement of 
costs incurred with respect to the interim remedy for the South El 
Monte O.U., the plaintiffs covenant not to sue each

[[Page 63186]]

settling defendant under Section 106 or 107 of CERCLA with respect to 
the interim remedy for volatile organic compounds. In addition, 10 of 
these 13 parties will also pay $3,350,000 to EPA and $100,000 to DTSC. 
In exchange the plaintiffs covenant not to sue the 10 settling 
defendants under Section 106 or 107 of CERCLA with respect to the 
interim remedy for perchlorate.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decrees. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to either or both of these cases: United States v. Andruss Family 
Trust, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/3; or United States 
v. Abercrombie, et al., (C.D. Cal.), D.J. Ref. 90-11-2-09121/2.
    The proposed Consent Decrees may be examined at the Office of the 
United States Attorney, 450 Golden Gate Avenue, San Francisco, 
California 94102. During the public comment period, the Consent Decrees 
may also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Consent Decrees 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 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check 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, in the following amounts (25 cents per 
page reproduction cost): $13.75 for the Consent Decree in Abercrombie 
or $9.75 for the Consent Decree in Andruss (without attachments).

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 07-5582 Filed 11-7-07; 8:45 am]
BILLING CODE 4410-15-M