[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Page 49948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20079]


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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 August 6, 2010, a proposed Consent 
Decree in United States v. Conroe Creosoting Company, et al., C.A. No. 
4: 10-cv-02810 (S.D. Tex.), was lodged with the United States District 
Court for the Southern District of Texas. The Consent Decree resolves 
claims of the United States and the State of Texas against the Conroe 
Creosoting Company (``Conroe'') for recovery of response costs, 
pursuant to Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9607(a), and Section 361.197 
of the Texas Solid Waste Disposal Act, Tex. Health & Safety Code Sec.  
361.197. Between 1946 and 1997 Conroe operated a wood-treating facility 
at the Conroe Creosoting Site, located in Montgomery County, Texas. As 
a result of these activities, the Site became contaminated with various 
hazardous substances. The United States and the State incurred response 
costs in connection with cleaning up the Site. In addition, pursuant to 
28 U.S.C. 3304, 3306, and the Texas Uniform Fraudulent Transfer Act, 
Tex. Bus. Com. Code Sec.  24.001, et seq., the Consent Decree resolves 
the United States' and the State's claims against Conroe and persons to 
whom some of Conroe's assets were improperly paid or transferred. The 
United States and the State contend that these payments or transfers 
were made or allowed by Conroe as a means of Conroe avoiding paying a 
debt (response costs) owed to the United States and the State.
    Under the Consent Decree, defendant Conroe and the other persons 
named in the Complaint will make a $200,000 cash payment to the United 
States and the State in partial reimbursement of response costs 
incurred by the United States and the State. In addition, Conroe has 
agreed to sell several parcels of land its own, including the property 
constituting the Site, and to pay the proceeds therefrom to the United 
States and the State. Finally, Conroe has agreed to determine whether 
any insurance policies it has had over the years provide for recovery 
of response costs, to pursue claims under any applicable policies, and 
to pay any proceeds recovered through such policies to the United 
States and the State in accordance with the provisions of the Consent 
Decree.
    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 v. Conroe Creosoting Company, et al., DOJ Reference 
No. 90-11-3-08937.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 515 Rusk Avenue, Suite 1102, Houston, Texas, and at 
U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. 
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 of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$14.50 (25 cents per page production costs) for a copy of the Consent 
Decree without the exhibits thereto, or $25.50 with all exhibits 
thereto. Make the check payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in the required amount to the Consent Decree 
Library at the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-20079 Filed 8-13-10; 8:45 am]
BILLING CODE 4410-15-P