[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54791-54792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22545]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 23, 2011, the United States, 
on behalf of the U.S. Environmental Protection Agency (``EPA'') filed a 
Complaint and lodged a proposed Consent Decree in United States v. The 
Santos/Alviso Partnership, L.P., et al., Case No. CV 11-04139 HRL (N.D. 
Cal.), relating to the South Bay Asbestos Superfund Site in San Jose, 
Santa Clara County, California (the ``Site''). The Complaint asserts 
claims against defendants Santos/Alviso Partnership, L.P. (the current 
owner of a parcel of property at the Site formerly used as part of the 
Santos Landfill), Santos Management, L.L.C. (the general partner of the 
Santos/Alviso Partnership), the Estate of Dorothy Santos (a former 
owner of the landfill property at the time of disposal of hazardous 
substances), and five Trusts that owned fractional interests in the 
landfill property at times when EPA incurred response costs there. The 
Complaint seeks injunctive relief for the performance of response 
actions, reimbursement of response costs incurred by EPA at the Site, 
and the entry of a declaratory judgment with respect to EPA's future 
response costs under Sections 106(a), 107(a), and 113(g) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended (``CERCLA''), 42 U.S.C. 9606(a), 9607(a), and 
9613(g).
    The proposed Consent Decree resolves claims in the Complaint. Under 
the proposed Consent Decree, the defendants agree to provide EPA with 
access to the landfill property, to inspect and maintain an existing 
cap on the landfill property, and to execute and record a ``Covenant to 
Restrict Use of Property--Environmental Restriction'' to protect the 
existing cap. The execution and recordation of this Covenant will bring 
to completion the remedial action at the Site.
    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 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. The Santos/Alviso Partnership, L.P., et al., Case No. 
CV 11-04139 HRL (N.D. Cal.), D.J. Ref. 90-11-2-353/2.
    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 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 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 $13.50 (.25 cents per page reproduction cost) payable to the U.S. 
Treasury, or if by e-mail or fax,

[[Page 54792]]

forward a check in that amount to the Consent Decree Library at the 
stated address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-22545 Filed 9-1-11; 8:45 am]
BILLING CODE P