[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Page 14184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6497]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 18, 2010, the United States 
lodged a proposed Consent Decree in United States v. All Metals 
Processing Company, et al., Case No. 09-06363 JFW (Sept. 1, 2009, C.D. 
Cal.). On September 1, 2009, the United States filed a complaint 
against All Metals Processing Company, the Estate of Helen L. Powers 
(``Estate''), and Barbara C. Harker, in her capacity as personal 
representative of the Estate, under CERCLA Section 107(a), 42 U.S.C. 
9607(a), seeking recovery of past response costs and for future costs 
incurred by the United States Environmental Protection Agency (``EPA'') 
in connection with the release or threatened release of hazardous 
substances at 264 W. Spazier Avenue in Burbank, Los Angeles County, 
California (the ``Property'').
    The proposed Consent Decree resolves the claims in the Complaint 
against the Estate and Barbara C. Harker, in her capacity as personal 
representative of the Estate. Under the terms of the Consent Decree, 
the Estate has agreed to sell the Property. Proceeds of the sale of the 
Property, after costs, will be divided between the United States and 
the Estate, with the United States receiving 85% of the sale proceeds 
and the Estate receiving 15% of the sale proceeds. In addition, the 
Estate will transfer to the United States all proceeds recovered under 
the Estate's insurance policies covering the Property. In return, the 
Estate and Barbara C. Harker, in her representative capacity, will 
receive a covenant not to sue from the United States with respect to 
past and future response costs at the Property under Section 107(a) of 
CERCLA, 42 U.S.C. 9607(a).
    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 Ignacia S. Moreno, 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. All Metals Processing Company, et al., Case 
No. 09-06363 JFW (Sept. 1, 2009, C.D. Cal.), D.J. Ref. 90-11-3-09578.
    The Consent Decree may be examined at the U.S. Environmental 
Protection Agency, Region 9, Office of Regional Counsel, 75 Hawthorne 
Street, San Francisco, California 94105. 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 Settlement Agreement 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. In requesting 
a copy from the Consent Decree Library, please enclose a check in the 
amount of $6.50 (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.

    Dated: March 19, 2010.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-6497 Filed 3-23-10; 8:45 am]
BILLING CODE 4410-15-P