[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Page 46225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21485]



[[Page 46225]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of 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 September 1, 2009, the United States lodged a Consent 
Decree with certain third party defendants in United States of America 
v. El Dorado County, California, et al, Civil No. S-01-1520 MCE GGH 
(USDC E.D. CA.), with respect to the Meyers Landfill Site, located in 
Meyers, El Dorado County, California (the ``Site'').
    El Dorado County, California filed a Third Party Complaint for 
contribution against a number of third party defendants. The Consent 
Decree resolves the County's claims against eight of the third party 
defendants (Douglas County, Nevada; Hertz Corporation and Hertz Local 
Edition Corporation; Raley's; Lake Tahoe Unified School District; 
Harrah's Operating Company, Inc. And Harveys Tahoe Management Company, 
Inc.; Heavenly Valley Ski & Resort and Heavenly Valley; Sierra Pacific 
Power Company and Safeway, Inc. referred to collectively as ``Settling 
Third Parties).'' Under the proposed Consent Decree the Settling Third 
Parties will pay a total of $1.25 million. Once the Consent Decree is 
approved the $1.25 million will be deposited into a court registry 
account and will be available, in the context of a judgment against or 
settlement with the County, to pay the United States' response costs at 
the Site, or to fund future response actions at the Site.
    The United States is a party to the Consent Decree to resolve 
potential United States Department of Agriculture, Forest Service 
claims against Settling Third Parties. In exchange for the payment to 
the court registry account the Settling Third Parties 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, for the United States' past and 
future response costs 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 Consent 
Decree. Comments should be addressed to the Acting 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 of America v. El Dorado County, California, et al, 
Civil No. S-01-1520 MCE GGH (USDC E.D. CA.) (DOJ Ref. No. 90-11-3-
06554).
    The Consent Decree may be examined at U.S. Department of 
Agriculture, Office of General Counsel, 33 New Montgomery Street, 17th 
Floor, San Francisco, CA 94150 (contact Rose Miksovsky, (415) 744-
3158). 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 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. El Dorado County, 
California, et al, Civil No. S-01-1520 MCE GGH (USDC E.D. CA.) (DOJ 
Ref. No. 90-11-3-06554), and enclose a check in the amount of $10.25 
(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 Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-21485 Filed 9-4-09; 8:45 am]
BILLING CODE 4410-15-P