[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50642-50643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19789]


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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 August 21, 2008, a proposed Consent 
Decree (the ``Decree'') in United States v. City of Newburgh, et al., 
Civil Action No. 08 Civ. 7378 (SCR), was lodged with the United States 
District Court for the Southern District of New York.
    The Decree resolves the claims of the United States, on behalf of 
the Environmental Protection Agency (``EPA''), under Sections 107 and 
113 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, 42 U.S.C. 9607

[[Page 50643]]

and 9613, against the City of Newburgh (``Newburgh''), Connell Limited 
Partnership (``Connell''), International Business Machines Corporation 
(``IBM''), Northrop Grumman Ship Systems, Inc. (``Northrop''), and the 
City of Poughkeepsie (``Poughkeepsie'') (collectively, the 
``Defendants''), relating to the Consolidated Iron and Metal Company 
Superfund Site (the ``Site''), located in the City of Newburgh, Orange 
County, New York. The Site is a former junkyard and scrap metal 
processing facility that was operated by Consolidated Iron and Metal 
Company, Inc. (``Consolidated'') from the 1950s until 1999.
    In a complaint filed simultaneously with the Decree, the United 
States alleged that Consolidated, in the course of processing scrap 
metal materials, contaminated the Site with hazardous substances, 
including lead, polychlorinated biphenyls and volatile organic 
compounds. Consolidated is now a defunct company. Newburgh acquired 
ownership of the Site in 2004. According to the complaint, Newburgh, 
Poughkeepsie and IBM each arranged for transport of various types of 
waste containing hazardous substances to the Site. The complaint 
further charged that wastes were transported to the Site by Luria 
Brothers and Company, of which Connell and Northrop are alleged 
successors in interest.
    Pursuant to the Decree, the Defendants will pay EPA a total of 
$12,000,000 over a two-year period to resolve their respective 
liabilities at the Site. Four other potentially responsible parties who 
are not named defendants in the case--Consolidated Rail Corporation, 
Eisner Brothers, Inc., Ford Motor Company, and Kraft Foods Global, 
Inc.--will pay EPA an additional $62,000 pursuant to the Decree and 
resolve their potential liability at the Site. The Department of 
Justice will receive, for a period of thirty (30) days from the date of 
this publication, comments relating to the Decree. 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, and should refer to United States 
v. City of Newburgh, et al. , D.J. Ref. 90-11-3-07979/2.
    The Decree may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and 
at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New 
York, New York 10007-1866. During the public comment period, the 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 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 $4.75 (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.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-19789 Filed 8-26-08; 8:45 am]
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