[Federal Register Volume 73, Number 232 (Tuesday, December 2, 2008)]
[Notices]
[Pages 73347-73348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28536]


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DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree and Proposed Order on Consent 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act

    Notice is hereby given that on November 24, 2008, a proposed 
Consent Decree in United States v. Wilhelm Enterprises Corp., et al., 
Civil Action No. 1:08-cv-00840, was lodged with the United States 
District Court for the Western District of New York, and that on 
November 4, 2008, a proposed Administrative Order on Consent (``AOC'') 
was executed in connection with the Peter Cooper Landfill Superfund 
Site (``Site''), in the Village of Gowanda (``Village''), Cattaraugus 
County, New York.
    The proposed Consent Decree will settle the United States' claims 
on behalf of the U.S. Environmental Protection Agency (``EPA'') against 
19 defendants, pursuant to Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606 and 9607, with respect to the Site. The Site is on the 
National Priorities List established pursuant to Section 105(a) of 
CERCLA, 42 U.S.C. 9605(a). The defendants include: Wilhelm Enterprises 
Corporation; New York State Electric & Gas Corporation; Jimcar 
Development, Inc.; James Dill; Brown Shoe Company, Inc.; Seton Company; 
GST AutoLeather; Prime Tanning Company, Inc.; Viad Corporation; ConAgra 
Grocery Products Company, Inc.; Leucadia National Corporation; Beggs & 
Cobb Corporation; Wolverine Worldwide, Inc.; Genesco, Inc.; Albert 
Trostel & Sons Co.; Blackhawk Leather Ltd.; Eagle Ottawa, LLC; S.B. 
Foot Tanning Company; and Horween Leather Company (``Settling 
Defendants''). Pursuant to the Consent Decree, Settling Defendants will 
pay a total of $1,374,000 in past costs and interest for reimbursement 
of the United States' response costs for the Site. In addition, 15 of 
the Settling Defendants will finance and perform the remedy selected by 
EPA for the Site, estimated to cost $2,680,000.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of 30 days from the date of this 
publication. Comments on the Consent Decree should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either emailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice,

[[Page 73348]]

Washington, DC 20044-7611, and should refer to United States v. Wilhelm 
Enterprises Corp., et al., Civil Action No. 1:08-cv-00840, D.J. Ref. 
90-11-2-06887. EPA will receive comments relating to the proposed AOC 
for a period of 30 days from the date of this publication.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Western District of New York, 138 Delaware 
Avenue, Buffalo, New York 14202, and at EPA, Region 2, 290 Broadway, 
New York, New York 10007-1866. 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 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 
number (202) 514-0097, phone confirmation number (202) 514-1547. If 
requesting a copy by mail from the Consent Decree Library, please 
enclose a check in the amount of $47.50 ($0.25 per page reproduction 
cost) payable to the United States Treasury or, if requesting by e-mail 
or fax, forward the check in that amount to the Consent Decree Library 
at the address stated above. If requesting a copy exclusive of 
appendices, please enclose a check in the amount of $26.25 ($0.25 per 
page reproduction cost) payable to the United States Treasury.
    In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), EPA 
Region II announces the related proposed AOC, under sections 104, 
106(a), 107, and 122 of CERCLA, 42 U.S.C. 9604, 9606(a), 9607, 9622. 
The proposed AOC obligates bona fide prospective purchasers, the 
Village and the Gowanda Area Redevelopment Corporation, jointly and 
severally with the Settling Defendants, to implement a portion of the 
remedy, including certain operation, maintenance and monitoring, at the 
Site.
    EPA will accept written comments relating to the proposed AOC for a 
period of 30 days from the date of this publication. Comments should be 
sent to: Thomas Lieber, Chief, New York/Carribean Superfund Branch, 
Office of Regional Counsel, U.S. Environmental Protection Agency, 290 
Broadway, 17th Floor, New York, NY 10007-1866. Comments should 
reference the Peter Cooper Landfill Superfund Site and EPA Index No. 
CERCLA-02-2008-2021. For a copy of the AOC, or further information, 
contact George Shanahan, Assistant Regional Counsel, New Jersey 
Superfund Branch, Office of Regional Counsel, U.S. Environmental 
Protection Agency, 290 Broadway, 17th Floor, New York, NY 10007-1866, 
telephone: (212) 637-3171.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-28536 Filed 12-1-08; 8:45 am]
BILLING CODE 4410-15-P