[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61907-61908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24711]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amended Consent Decree; Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA'')

    Consistent with Section 122(d) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby 
given that on October 7, 2008, the United States lodged an Amended 
Consent in United States of America v. Lockheed Martin Corporation, et 
al., Civil No. 4:02-cv-146 (USDC W.D. Ky.) for the Green River Landfill 
Superfund Site, located in Maceo, Daviess County, Kentucky (the 
``Site''). This Court originally approved a Consent Decree in this 
matter on September 27, 2002. Since the time the original Consent 
Decree was approved by the Court, the ``Settling Defendants'' as 
defined therein, and the United States Environmental Protection Agency 
(``EPA'') have been unable to implement the institutional controls 
required at the Site by Section IX of the Consent Decree. Under the 
proposed Amended Consent Decree, one ``Settling Defendant,'' Browning-
Ferris Industries of Kentucky, Inc. (``BFIKY'') has or will acquire the 
property needed to institute the necessary institutional controls and, 
after entry of the Amended Consent Decree, will transfer such property 
to de maximus inc., defined in the proposed Amended Consent Decree as 
the ``Owner Settling Defendant.'' In addition, BFIKY will donate 
another parcel to Daviess County, which desires to keep it as open 
space. These property transfers will permit the remaining defendants to 
institute the required institutional controls and the open space will 
be an important buffer around the Site.
    Under the proposed Amended Consent Decree, in exchange for the 
property transfers referenced above, BFIKY will have no further 
obligations under the Amended Consent Decree and will receive from the 
United States a covenant not to sue or to take administrative action 
pursuant to Sections 106 or 107 of Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``CERCLA''), 42 
U.S.C. 9606 and 9607 as amended, and Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, for the 
United States' past and future costs at the Site. The remaining 
Settling Defendants will receive from the United States a covenant not 
to sue or to take administrative action pursuant to Sections 106 and 
107 of CERCLA, 42 U.S.C. 9606 and 9607 as amended, and Section 7003 of 
RCRA, in exchange for implementing the remedy and required 
institutional controls at the Site and paying EPA's remaining costs 
under the terms of the proposed Amended Consent Decree.
    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 Amendments. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural

[[Page 61908]]

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 
of America v. Lockheed Martin Corporation, et al., Civil No. 4:02-cv-
146 (USDC W.D. Ky.) (DOJ Ref. No. 90-11-2-1098).
    The Amended Consent Decree may be examined at U.S. EPA Region 4, 61 
Forsyth Street, Atlanta, GA 30303 (contact Kevin Beswick, Esq. (404) 
562-9580). During the public comment period, the Amended 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 Consent 
Decree may also be obtained by mail from the Consent Decree Library, 
U.S. Department of Justice, P.O. Box 7611, 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 refer to United States of America v. Lockheed Martin 
Corporation, et al., Civil No. 4:02-cv-146 (USDC W.D. Ky.) (DOJ Ref. 
No. 90-11-2-1098), and enclose a check in the amount of $29.00 (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.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-24711 Filed 10-16-08; 8:45 am]
BILLING CODE 4410-15-P