[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48598-48599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22938]


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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 September 17, 2009, an electronic 
version of a proposed consent decree was lodged in the United States 
District Court for the Central District of California in Preservation 
Aviation, Inc. et al. v. United States et al., No. SACV 07-1219 SJO 
(AJWx). The consent decree settles the United States' claims and 
counterclaims in connection with a complaint filed by Plaintiffs 
Preservation Aviation, Inc., Jeffrey Pearson and Ann Pearson against 
the United States Environmental Protection

[[Page 48599]]

Agency (``EPA''), among others, under the Federal Tort Claims Act, 28 
U.S.C. 1346 (``FTCA''), for destroying vintage aircraft instruments 
owned by Preservation Aviation and stored at a facility in North 
Hollywood, California and at a facility at the Chino Airport at 7000 
Merrill Avenue, Chino, California (the ``Sites''). The United States 
filed a counterclaim against Preservation Aviation and Mr. Pearson 
under 107(a) of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), for the 
costs of responding to a release and a threatened release of hazardous 
substances at and from the Preservation Aviation facility, including 
aircraft instruments containing radium-226, a hazardous substance. The 
counterclaim also sought treble punitive damages and fines pursuant to 
Section 107(c)(3) of CERCLA, 42 U.S.C. 9607(c)(3), and Section 106(b) 
of CERCLA, 42 U.S.C. 9606(b), based on the failure of Preservation 
Aviation, Inc. and Jeffrey Pearson to comply with a Unilateral 
Administrative Order issued by EPA. In addition, the counterclaim 
sought civil penalties for an alleged failure to respond to a request 
for information issued by EPA pursuant to Section 104(e) of CERCLA, 42 
U.S.C. 9604(e)(2). The United States has no unreimbursed costs at the 
Chino Airport Site and did not file a counterclaim relating to the 
Chino Site.
    Pursuant to the proposed consent decree the Plaintiffs and related 
corporate entities will give the United States a covenant not to sue 
for the Sites and dismiss their claims with prejudice. In return, the 
United States is giving a covenant not to sue for past and future 
response costs for the Sites and the penalty claims and will dismiss 
its claims with prejudice.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent 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 Preservation Aviation, Inc. et al. v. United States et al., 
No. SACV 07-1219 SJO (AJWx) and DOJ 90-11-2-08809/1.
    The consent decree may be examined at the Office of the United 
States Attorney for the Central District of California 300 North Los 
Angeles Street, Room 7516, Los Angeles, California 90012. 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, 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 $7.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-22938 Filed 9-22-09; 8:45 am]
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