[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Page 58043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23834]



[[Page 58043]]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 12, 2011, a proposed 
modification (``Modification'') to the Consent Decree in United States 
v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378 (``Consent 
Decree'') was lodged with the United States District Court for the 
Southern District of New York.
    The Modification resolves the claims of the United States, on 
behalf of the Environmental Protection Agency (``EPA''), under Sections 
107 and 113 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended, 42 U.S.C. 9607 and 9613, against 
thirty-two potentially responsible parties (the ``Other Settling 
Parties'') who arranged for scrap metal containing hazardous substances 
to be transported to the Consolidated Iron and Metal Company Superfund 
Site (the ``Site'') for treatment or disposal. The Site is a former 
junkyard and scrap metal processing facility located in the City of 
Newburgh, New York. Consolidated Iron and Metal Company, Inc. 
(``Consolidated'') operated the facility from the 1950s until 1999.
    In the course of processing scrap metal materials, Consolidated 
contaminated the Site with hazardous substances, including lead, 
polychlorinated biphenyls and volatile organic compounds. Consolidated 
is now a defunct company.
    The original 2009 Consent Decree provides that the five settling 
defendants who are parties to that Consent Decree (the ``Defendants'') 
may enter into settlements with other potentially responsible parties 
at the Site, and present such parties to EPA for potential inclusion in 
the Consent Decree by amendment or separate agreement. Pursuant to the 
Consent Decree, the Defendants entered into settlement agreements with 
the Other Settling Parties and presented these parties to EPA for 
inclusion in the Consent Decree. Pursuant to the Modification, the 
Other Settling Parties will pay $200,400 to the United States, which 
represents 50 percent of the net settlement proceeds. The Other 
Settling Parties will receive contribution protection and a covenant 
not to sue from the United States for 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 
Modification. 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. City of Newburgh, et al., D.J. Ref. 90-11-3-07979/
2.
    The Modification may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and 
at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New 
York, New York 10007-1866. During the public comment period, the 
Modification may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Modification 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 $4.75 (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.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-23834 Filed 9-16-11; 8:45 am]
BILLING CODE 4410-15-P