[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Page 11680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4112]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on February 27, 2008, a proposed 
Consent Decree was lodged with the United States District Court for the 
District of Massachusetts in United States v. Bayer CropScience Inc. et 
al., Civil Action No. 1:08-cv-10325-MLW.
    In this action, the United States filed a complaint, under Sections 
106, 107(a) and 113(g)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9606, 9607(a), and 9613, 
alleging that Bayer CropScience Inc. and Pharmacia Corporation 
(``Settling Defendants'') are liable parties in connection with the 
Second Operable Unit at the Industri-plex Superfund Site (``Industri-
plex OU2''), located in Woburn Massachusetts. At the same time as it 
filed its complaint, the United States lodged a proposed Consent Decree 
that resolves those claims and requires the Settling Defendants to (a) 
implement the remedy selected by EPA for Industri-Plex OU2 in a Record 
of Decision dated January 31, 2006, (b) pay EPA's future response costs 
in connection with the Consent Decree, and (c) make a payment to the 
United States in the amount of $6 million in reimbursement of past 
costs incurred in connection with Industri-plex OU2.
    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 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. Bayer CropScience Inc., D.J. Ref. 90-11-2-
228/6. Comments may also be submitted by e-mail to [email protected]. A copy of the comments should also be sent to 
Donald Frankel, Trial Attorney, Environmental Enforcement Section, 
Department of Justice, Suite 616, One Gateway Center, Newton, MA 02458.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Massachusetts, U.S. Courthouse, Suite 
9200, One Courthouse Way, Boston, MA 02210 (contact Bunker Henderson). 
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 of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$14.50 (25 cents per page reproduction cost, not including appendices) 
or $136.25 (25 cents per page reproduction costs, including appendices) 
payable to the U.S. Treasury (if the request is by fax or e-mail, 
forward a check to the Consent Decree library at the address stated 
above).

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-4112 Filed 3-3-08; 8:45 am]
BILLING CODE 4410-15-P