[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Page 4628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-269]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 8, 2008, a proposed Consent 
Decree in United States v. Ashland, Inc. (W.D.N.Y.) No. 04-0904 (JTE) 
was lodged with the United States District Court for the Western 
District of New York.
    On November 10, 2004, the United States, on behalf of the Army 
Corps of Engineers (Corps), filed a Complaint under Section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), against Ashland Inc. 
(Ashland) seeking recovery of $23,145,119.00 in past costs, plus all 
future costs incurred by the Army Corps of Engineers in responding to 
the release or threat of release of hazardous substances at the Ashland 
2 Site in Tonawanda, New York. Ashland has placed $2.75 million into an 
escrow account; the Consent Decree provides that Ashland will transfer 
the principal amount of $2.75 million plus any interest accrued from 
August 22, 2007 to the United States. In exchange, the United States 
has given Ashland a covenant not to sue, with restrictions, for the 
Ashland 1, 2, Rattlesnake Creek, and Seaway Sites under Sections 106, 
107(a), and 113(f). of CERCLA, 42 U.S.C. 9606, 9607(a), and 9613(f).
    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, 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 
United States v. Ashland, Inc. (W.D.N.Y.) No. 04-0904 (JTE), D.J. Ref. 
90-11-2-08292.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of New York, 138 Delaware Avenue, 
Buffalo, New York 14202 and at the U.S. Army Corps of Engineers, 1776 
Niagara Street, Buffalo, NY 14207. During the public comment period, 
the Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.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 $8.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 08-269 Filed 1-24-08; 8:45 am]
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