[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47626-47627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19443]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 2, 2010 a proposed Consent 
Judgment in United States v. B.C.F. Oil Refining Inc., et al., No. CV-
05-0562, was lodged with the United States District Court for the 
Eastern District of New York.
    The complaint was filed against B.C.F. Oil Refining Inc. 
(``B.C.F.'') and Cary Fields on behalf of the Environmental Protection 
Agency (``EPA'') pursuant to Section 107(a) of the Comprehensive 
Environmental

[[Page 47627]]

Response, Compensation and Liability Act of 1980 (``CERCLA''), as 
amended, 42 U.S.C. 9607(a), in connection with the B.C.F. Oil Refining 
Superfund Site located at 360-362 Maspeth Avenue in Brooklyn, New York 
in Kings County, New York (``Site''). The United States alleged that 
Cary Fields was liable as an operator of the Site. The United States 
also filed a claim against the Site property pursuant to Section 107(l) 
of CERCLA, 42 U.S.C. 9607(l). The claims of the United States with 
respect to B.C.F. and the Site property were resolved through a 
Stipulation and Order Determining Liability Against Defendant B.C.F. 
Oil Refining Inc., entered by the Court on April 7, 2006. The Court 
entered judgment in favor of the United States and against B.C.F. on 
August 15, 2007.
    The proposed Consent Judgment resolves claims of the United States 
on behalf of EPA under CERCLA in connection with the Site, pursuant to 
Section 107(a) of CERCLA, 42 U.S.C. 9607(a), against Cary Fields 
(``Settling Defendant''). The Consent Judgment requires Settling 
Defendant to pay to the United States the total sum of $1,500,000 in 
payment for EPA's past response costs in connection with a removal 
action at the Site and accrued interest.
    The proposed Consent Judgment provides that Settling Defendant is 
entitled to contribution protection as provided by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Judgment. 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. B.C.F. Oil Refining Inc., et al., No. CV-05-0562 
(E.D.N.Y.), D.J. Ref. 90-11-3-07172.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, 271 Cadman Plaza 
East, 7th Fl., Brooklyn, New York 11201, and at the United States 
Environmental Protection Agency, Region II, 290 Broadway, New York, New 
York 10007-1866. During the public comment period, the proposed Consent 
Judgment 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 Judgment 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 $3.25 
(25 cents per page reproduction cost), payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-19443 Filed 8-5-10; 8:45 am]
BILLING CODE 4410-15-P