[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Page 45971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18191]


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DEPARTMENT OF JUSTICE


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

    This Notice amends and replaces the original notice published on 
July 17, 2013, 78 FR 137. Notice is hereby given that on July 9, 2013, 
the Department of Justice lodged a proposed Consent Decree with the 
United States District Court for the Southern District of Mississippi, 
Southern Division in the lawsuit entitled United States of America v. 
Stewart Gammill III. Civil Action No. 1:12cv134 HSO-RHW.
    The United States had filed a complaint against Stewart Gammill 
(Mr. Gammill) and his spouse Lynn Crosby Gammill (Mrs. Gammill) on 
April 30, 2012. The complaint alleged claims of the United States 
against Mr. and Mrs. Gammill under Section 107(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act, as amended 
(CERCLA), 42 U.S.C. 9607(a), for recovery of unreimbursed costs 
incurred by the United States with respect to the Picayune Wood 
Treating Superfund Site located in Picayune, Pearl River County, 
Mississippi (the Site). Mr. Gammill is liable as a past owner and 
operator of Crosby Wood Preserving Company a woodtreating facility on a 
portion of the Site from 1964 through at least 1970.
    The United States has agreed to resolve the claims against Stewart 
Gammill III on an ability to pay basis. Under the proposed Consent 
Decree, Mr. Gammill will pay two million dollars ($2,000,000) in no 
more than two installments with the first installment payment of no 
less than one million dollars ($1,000,000) due within 60 days of the 
Decree entry. The subsequent installment payment of the remaining 
balance is due 120 days after the effective date and shall include an 
additional sum for interest accrued on the unpaid portion of the 
principal amount.
    Under the proposed Consent Decree, the United States covenants not 
to sue under CERCLA Sections 106 and 107 subject to statutory reopeners 
and other reserved rights. The covenants are conditioned upon the 
satisfactory performance of all obligations under the Consent Decree 
and upon the veracity and completeness of all financial information 
provided by Mr. Gammill. The United States is still pursuing its claim 
against Mrs. Gammill in this action.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America v. Stewart Gammill III. Civil 
Action No. 1:12cv134 HSO-RHW; D.J. Ref. No. 90-11-2-09451/1. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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                                                  Send them to:
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By e-mail..............................  [email protected].
By mail................................  Assistant Attorney General,
                                          U.S. DOJ--B ENRD, P.O. Box
                                          7611, Washington, DC 20044-
                                          7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $4.75 (25 cents per page 
reproduction costs for 19 pages) payable to the United States Treasury.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-18191 Filed 7-29-13; 8:45 am]
BILLING CODE 4410-15-P