[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Page 3625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01129]


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

DEPARTMENT OF JUSTICE


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

    On January 10, 2014, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Minnesota in the lawsuit entitled United States v. U.S. Borax Inc., 
Civil Action No. 0:14-cv-00118-DSD.
    The proposed consent decree fully resolves claims of the U.S. 
Environmental Protection Agency (``EPA'') against U.S. Borax Inc. 
(``Borax'') for response costs, civil penalties, and potential treble 
damages under the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9601-9675, with respect to 
the South Minneapolis Residential Soil Contamination Superfund Site 
(``Site) in Minneapolis, Minnesota. A complaint, which was filed at the 
same time that the United States lodged the proposed consent decree, 
alleges that Borax was an operator of the Site during the period of 
disposal of hazardous substances and, as such, is liable for response 
costs under Section107(a) of CERCLA, 42 U.S.C. 9607(a). Further, the 
complaint alleges that Borax is liable for civil penalties and damages 
under Sections 106(b) and 107(c)(3) of CERCLA, 32 U.S.C. 9606(b), 
9607(c)(3), because it failed to comply with a unilateral 
administrative order issued by EPA to undertake response actions at the 
Site. Under the proposed consent decree, Borax shall make a lump sum 
payment of $1,225,000 to EPA as reimbursement of response costs, and it 
shall make a lump sum payment of $25,000 for civil penalties and 
damages. Both payments shall be made to the United States within 30 
days of entry of the Consent Decree.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. U.S. Borax Inc., D.J. Ref. No. 90-
11-3-09719/3. 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:

------------------------------------------------------------------------
       To submit comments:                     Send them to:
------------------------------------------------------------------------
By email.........................  [email protected].
By mail..........................  Assistant Attorney General,
                                   U.S. DOJ--ENRD,
                                   P.O. Box 7611,
                                   Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will also provide a paper 
copy of the proposed 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 $7.5 (30 pages at 25 
cents per page reproduction cost) payable to the United States 
Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-01129 Filed 1-21-14; 8:45 am]
BILLING CODE 4410-15-P