[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Page 49706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19447]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that two Consent Decrees in United States of 
America v. M.A. Hanna Plastics, Inc., et al., Civil Action No. 06-409 
GMS, have been lodged with the United States District Court for the 
District of Delaware. The United States lodged a consent decree with 
defendant Wilmington Economic Development Corporation 
[bs] (``WEDCO'') on August 8, 2008, and lodged a 
consent decree with defendant M.A. Hanna Plastics Group 
[bs]``Hanna'') on August 14, 2008.
    The two consent decrees will resolve the liability of the two 
remaining defendants in this cost recovery action under Section 107 of 
the Comprehensive Environmental Response, Compensation and Liability 
Act [bs] (``CERCLA''), 42 U.S.C. 9607 in connection 
with the 12th Street Dump Site in Wilmington, Delaware 
[bs](``Site''). On June 28, 2006, the United States 
filed a Complaint against four defendants who currently or previously 
owned or operated property at the Site. The United States previously 
settled with two of the named defendants.
    The two consent decrees now being proposed will resolve the United 
States' filed claims against the two remaining defendants, Hanna and 
WEDCO, as set forth in the consent decrees. Hanna will reimburse the 
United States $3,597,877.20 and will receive a covenant not to sue for 
past costs. WEDCO will reimburse the United States $120,000 in past 
costs and will agree to sell its parcel and provide the United States 
with the higher of either 50% of the net proceeds or $40,000.00. WEDCO 
will also receive a covenant not to sue for past costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to these 
proposed Consent Decrees. 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, Attention: 
Nancy Flickinger (EES), and should refer to United States of America v. 
M.A. Hanna Plastics, Inc., et al. , Civil Action No. 06-409 GMS, DOJ 
 90-11-3-08301.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the District of Delaware, Nemours Building, 
P.O. Box 2046, Wilmington, DE 19801. 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 number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $ $7.00 
for the consent decree with WEDCO, and/or $5.25 for the consent decree 
with M.A. Hanna (25 cents per page reproduction cost for a full copy) 
payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E8-19447 Filed 8-21-08; 8:45 am]
BILLING CODE 4410-15-P