[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Page 55098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21856]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 3, 2013, a proposed 
Consent Decree in United States v. Vermont Asbestos Group, Inc., Civil 
Action No. 2:13-cv-00238-wks, between the United States, State of 
Vermont, and Vermont Asbestos Group, Inc. was lodged with the United 
States District Court for the District of Vermont.
    In the United States' action brought under Sections 106, 107, and 
113(g)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, 42 U.S.C. 9606, 9607 and 9613(g)(2) 
(``CERCLA''), the United States seeks injunctive relief requiring the 
Vermont Asbestos Group (``Settling Defendant'') to perform the 
operation and maintenance of the erosion control structures constructed 
by the United States Environmental Protection Agency at the Vermont 
Asbestos Group Mine Superfund Site in Lowell and Eden, Vermont. The 
United States also seeks to recover costs incurred and to be incurred 
by the United States in response to releases or threatened releases of 
hazardous substances at or from the Site.
    The settlement, based on Settling Defendant's limited ``ability to 
pay,'' requires Settling Defendant to undertake the operation and 
maintenance of the erosion control structures at the Site; pay the 
State of Vermont $5,000 per year for ten years; and stipulate to a 
judgment in favor of the United States in the amount of $3,360,082 for 
EPA's past cleanup costs and in favor of the State in the amount of 
$174,620 for the State's past cleanup costs. The Settling Defendant 
also stipulates to the entry of a judgment in favor of the State for 
State Future Response Costs estimated to be at least $28,458,399. These 
stipulated amounts are to be satisfied only through the recovery of 
insurance proceeds.
    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 v. Vermont Asbestos Group, Inc. (D. Vt.) 
D.J Ref. No. 90-11-3-07425/3. 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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         To submit comments:                     Send them to:
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By email............................  [email protected]
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--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 paper copies 
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 $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-21856 Filed 9-6-13; 8:45 am]
BILLING CODE 4410-15-P