[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57131-57132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22609]


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DEPARTMENT OF JUSTICE


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

    On September 16, 2014, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Jersey in United States and New Jersey Department of 
Environmental Protection and Administrator of the New Jersey Spill 
Compensation Fund v.

[[Page 57132]]

D.S.C. of Newark Enterprises, Inc. and Anthony A. Coraci, Civil Action 
No. 2:14-cv-05734-JLL-MAH.
    The proposed consent decree would resolve the claims of the United 
States and the State of New Jersey Department of Environmental 
Protection and Administrator of the New Jersey Spill Compensation Fund 
for recovery of response costs and natural resource damages against 
D.S.C. of Newark Enterprises, Inc. (``DSC'') under section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA'') relating to releases of hazardous substances at the 
Cornell-Dubilier Electronics, Inc. Superfund Site in South Plainfield, 
New Jersey (``the Site''). The consent decree would also resolve the 
United States' claims under the Federal Debt Collection Procedures Act, 
to void certain transfers of assets that were made from DSC to its sole 
shareholder, Anthony A. Coraci (``Coraci''), to the extent necessary to 
satisfy DSC's debt to the United States.
    The consent decree requires DSC and Coraci (``the Settling 
Defendants'') to pay $22.0 million to the United States and New Jersey, 
and 50% of the Settling Defendants' insurance recoveries in excess of 
$750,000, net of certain fees incurred to obtain the recoveries. The 
consent decree also requires DSC, the current owner of property at the 
Site, to continue to allow access to EPA to conduct response actions at 
the Site, to obtain an agreement from any transferee to allow such 
access, and to cooperate with respect to the filing of a deed notice, 
engineering controls, restrictions on use and alterations of the 
property, and monitoring requirements concerning the property at the 
Site. In return, the United States and New Jersey agree to resolve all 
past and future liability the Settling Defendants and specified related 
parties (``Related Parties'') may have for response costs and natural 
resource damages at the Site under section 107 of CERCLA. The United 
States further agrees not to sue or take administrative action against 
the Settling Defendants and Related Parties under section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), and the State 
further agrees not to sue or take administrative action against the 
Settling Defendants and Related Parties under the New Jersey Spill 
Compensation and Control Act or the Industrial Site Recovery Act, the 
common law of negligence, nuisance and/or strict liability, with regard 
to the Site. In addition, upon receipt of the payments required by the 
Settling Defendants, the United States and New Jersey agree to release 
the respective federal and state liens placed on DSC's property at the 
Site.
    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 and New Jersey Department of 
Environmental Protection and Administrator of the New Jersey Spill 
Compensation Fund v. D.S.C. of Newark Enterprises, Inc. and Anthony A. 
Coraci, D.J. Ref. No. 90-11-2-08223/4. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    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 $8.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-22609 Filed 9-23-14; 8:45 am]
BILLING CODE 4410-15-P