[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Page 51171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23928]
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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 23, 2009, an electronic
version of a proposed Consent Decree was lodged in the United States
District Court for the District of Arizona in United States v. Apache
Nitrogen Products, Inc., No. 4:09-CV-00542-JMR. The Consent Decree
settles the United States' claims against Apache Nitrogen Products
(``Apache'') under sections 106 and 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended,
(``CERCLA''), 42 U.S.C. 9606 & 9607, in connection with the Apache
Powder Superfund Site outside of Bensen, Arizona.
Under the terms of the proposed Consent Decree, Apache will perform
the remaining work at the Site, will pay $1,200,000 out of $7 million
in past response costs, and will pay all future EPA oversight after the
first $200,000. Apache will also relinquish a claim for reimbursement
from the Superfund under 106(b) of CERLA, 42 U.S.C. 9706(b).
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 United States v. Apache Nitrogen Products, Inc., No. 4:09-CV-
00542-JMR and DOJ 90-11-2-1088.
The Consent Decree may be examined at the Office of the United
States Attorney for the District of Arizona, 405 W. Congress Street,
Suite 4800, Tucson, AZ 85701-5040. 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/open.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 $74.50 (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. E9-23928 Filed 10-2-09; 8:45 am]
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