[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Notices]
[Pages 38468-38469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15095]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on June 27, 2008, a 
proposed Consent Decree in United States v. Cambrex Corporation, et 
al., Civil Action No. 08-5815, was lodged with the United States 
District Court for the Southern District of New York.
    The proposed Consent Decree resolves claims of the United States, 
on behalf of the Environmental Protection Agency (``EPA''), under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Nepera 
Chemical Company Superfund Site in the Town of Hamptonburgh, Orange 
County, New York (``Site''), against Cambrex Corporation; Nepera, Inc.; 
Warner-Lambert Company LLC; and Pfizer, Inc. The proposed Consent 
Decree requires the defendants to perform the Remedial Design/Remedial 
Action (``RD/RA'') set forth in the Record of Decision (``ROD'') for 
the Site, including (a) The excavation of Site soils within former 
waste lagoons and placement of the soils into a biocell, using soil 
vapor extraction and biological degradation technologies to reach 
target cleanup levels; (b) backfilling of the excavated areas of the 
Site which are not utilized in the construction of the biocell; (c) 
bioremediation of the groundwater following the removal of source-area 
soils by the introduction of oxygenating compounds to facilitate 
bioremediation through enhancement of the indigenous microbial 
population; and (d) implementation of a long-term groundwater 
monitoring program to verify that the concentrations and the areal 
extent of the groundwater contaminants are declining. The estimated 
cost of the remedy is $3,815,000. In addition, the Consent Decree 
requires the defendants to reimburse EPA for its past response costs in 
the amount of $495,000. The Consent Decree also obligates the 
defendants to pay the United States' future response costs with respect 
to the Site, and to implement institutional controls including 
restrictive covenants and an environmental easement to ensure non-
interference with, and the continued effectiveness of, the ROD remedy. 
The proposed Consent Decree provides that the defendants are entitled 
to contribution protection as provided by Section 113(f)(2) of CERCLA, 
42 U.S.C. 9613(f)(2) for matters addressed by the settlement.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Decree. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 20530, 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. Cambrex Corporation, et al., Civil Action No. 08-5815 (RMB), D.J. 
Ref. 90-11-3-09274.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Southern District of New York, 86 Chambers 
Street, New York, New York 10007. During the public comment period, the 
proposed 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 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.

[[Page 38469]]

(202) 514-0097, phone confirmation number (202) 514-1547. In requesting 
a copy of the proposed Consent Decree, please enclose a check in the 
amount of $49.00 (25 cents per page reproduction cost) payable to the 
U.S. Treasury.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-15095 Filed 7-3-08; 8:45 am]
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