[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Page 47242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18716]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on July 25, 2008, a proposed Consent 
Decree in United States and State of Texas v. Beazer East, Inc., Civil 
Action No. 5:08-CV-00132, was lodged with the United States District 
Court for the Eastern District of Texas.
    In this action the United States, on behalf of the United States 
Department of the Interior, and the State of Texas, on behalf of the 
Texas Commission on Environmental Quality (``TCEQ''), the Texas Parks 
and Wildlife Department (``TPWD''), and the Texas General Land Office 
(``TGLO'') (collectively, the ``State''), as federal and state trustees 
over natural resources, sought, pursuant to Section 107(a)(4)(C) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a)(4)(C), and Section 311(f) of the Clean 
Water Act (``CWA''), 33 U.S.C. 1321(f), to recover damages for injury 
to, loss of, or destruction of natural resources as a result of 
releases and threatened release of hazardous substances into the 
environment at or from the Koppers Texarkana Superfund Site, including 
the recovery of the costs of assessing such injury and damages and the 
future costs of overseeing and monitoring restoration actions. The 
Koppers Site is a former wood treatment facility located approximately 
one mile west of downtown Texarkana, Bowie County, Texas.
    The proposed Consent Decree resolves the liability of Beazer East, 
Inc. for damages for injury to, loss of, or destruction of natural 
resources as alleged in the Complaint. Under the terms of the Consent 
Decree, and in accordance with the restoration project selected in the 
Final Amended Restoration Plan and Environmental Assessment, Beazer 
will provide for the recordation of a Conservation Easement on 76.708 
acres of bottomland hardwoods within the Lennox Woods Preserve in Red 
River County. Additionally, Beazer has paid the trustees' past 
assessment costs and will pay the trustees' future costs related to the 
restoration project.
    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 
for the Environment and Natural Resources Division, U.S. Department of 
Justice, and either e-mailed to [email protected] or mailed 
to P.O. Box 7611, NW., Washington, DC 20044-7611, and should refer to 
United States and State of Texas v. Beazer East, Inc., D.J. Ref. 90-11-
3-07668.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Texas, 350 Magnolia Street, Suite 
150, Beaumont, Texas, 77701-2237, and at the offices of the U.S. Fish 
and Wildlife Service, Ecological Services Field Office, 711 Stadium 
Dr., Suite 252, Arlington, TX 76011. During the public comment period, 
the Consent Decree, may also be examined on the following Department of 
Justice Web site, to 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 $28.50 
for the Consent Decree and attachments, or $9.75 for the Consent Decree 
only (25 cents per page reproduction cost) 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. E8-18716 Filed 8-12-08; 8:45 am]
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