[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 34040-34041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13473]


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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 June 6, 2008, a proposed Consent 
Decree in United States et al. v. Albemarle Electric Membership Corp., 
et al., Civil Action No. 5:08-cv-00261-D (E.D.N.C.), was lodged with 
the United States District Court for the Eastern District of North 
Carolina.
    In this action the United States and the State of North Carolina 
sought cost recovery under Section 107 of CERCLA, 42 U.S.C. 9607, 
against 27 defendants for costs relating to the release or

[[Page 34041]]

threatened release of hazardous substances into the environment at or 
from the Carolina Transformer Superfund Site in Fayetteville, 
Cumberland County, North Carolina (``the Site''). The Consent Decree 
resolves the liability of the 27 named Defendants, 105 additional non-
federal settling entities, and eight settling federal agencies. Under 
the proposed Consent Decree, the 132 non-federal settling parties 
(collectively termed ``Settling Defendants'') would pay $9,286,461 to 
the United States Environmental Protection Agency (``EPA'') and 
$614,109.75 to the State; and the United States, on behalf of the 
settling federal agencies, would pay $3,095,487 to EPA and $204,703.25 
to the State.
    In the Decree, the United States would covenant not to sue or take 
administrative action against the Settling Defendants under Sections 
106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, 
subject to certain standard reopeners for new information or unknown 
conditions. In the Decree, the United States EPA would covenant not to 
take administrative action against the settling federal agencies under 
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to 
the Site, subject to certain standard reopeners for new information or 
unknown conditions. In the Decree, the State Plaintiff would release 
and agree not to sue or take administrative action against the Settling 
Defendants and the settling federal agencies pursuant to Section 107(a) 
of CERCLA, 42 U.S.C. 9607, or state law for past or future costs 
incurred by the State relating to the Site, subject to specific 
reservations included in the Decree.
    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, and 
either emailed 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 et al. v. Albemarle Electric Membership Corp., 
et al., D.J. Ref. 90-11-3-98/1.
    The proposed Consent Decree may be examined at the United States 
Attorney's Office, 310 New Bern Avenue, Suite 800, Raleigh, NC 27601, 
and the United States Environmental Protection Agency, Region 4, 61 
Forsyth Street, Atlanta, GA 30303. 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 proposed 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 no. (202) 514-1547. In requesting a copy from the Consent 
Decree Library, please enclose a check in the amount of $5.75 (25 cents 
per page reproduction cost) for a copy exclusive of signature pages and 
appendices, or $42.25 (25 cents per page reproduction cost) for a copy 
including signature pages and appendices 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.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-13473 Filed 6-13-08; 8:45 am]
BILLING CODE 4410-15-P