[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Page 55419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22786]



[[Page 55419]]

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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 30, 2011, a proposed Consent 
Decree in United States of America and the Commonwealth of Pennsylvania 
v. Schwab Family Partnership, et al., Civil Action No. 2:10-cv-00412-
JD, D.J. Ref. 90-11-2-07622/2, was lodged with the United States 
District Court for the Eastern District of Pennsylvania.
    In this action the United States and the Commonwealth of 
Pennsylvania sought reimbursement of response costs incurred and to be 
incurred in connection with the release or threatened release of 
hazardous substances at the Franklin Smelting Superfund Site and the 
Franklin Slag Superfund Site in Philadelphia, Pennsylvania (the 
``Sites''). The Consent Decree obligates the Settling Defendants to pay 
a total of $2,783,750 to the United States and $491,250 to the 
Commonwealth in reimbursement of past response costs incurred at the 
Sites. The Settling Defendants will also assign their rights to any 
future recovery on insurance policies related to business operations at 
the Sites, and one Settling Defendant will contribute the net proceeds 
from the sale of two properties to the settlement. The amounts to be 
paid by each Settling Defendant were agreed upon after review of 
financial information and a determination of what he or she could pay 
without incurring undue financial hardship, in accordance with the 
Environmental Protection Agency's Ability-to-Pay guidance.
    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 of America and the Commonwealth of Pennsylvania v. Schwab 
Family Partnership, et al., Civil Action No. 2:10-cv-00412-JD, D.J. 
Ref. 90-11-2-07622/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, 
Suite 1250, Philadelphia, PA 19106, and at U.S. EPA Region 3. 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 from the Consent Decree Library, please enclose a 
check in the amount of $14.25 (@ 25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by email or fax, forward a check in 
that amount to the Consent Decree Library at the stated address.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-22786 Filed 9-6-11; 8:45 am]
BILLING CODE 4410-15-P