[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Page 44896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16294]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on June 30, 2016, a proposed 
modification (``Modification'') to the consent decree in United States 
v. City of Newburgh, et al., Civil Action No. 08 Civ. 7378, was lodged 
with the United States District Court for the Southern District of New 
York.
    The Modification resolves the claims of the United States 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 34 potentially responsible parties (the ``New Settlers'') 
who arranged for scrap metal containing hazardous substances to be 
transported to the Consolidated Iron and Metal Company Superfund Site 
for treatment or disposal. The site is a former junkyard and scrap 
metal processing facility located in the Newburgh, New York. 
Consolidated Iron and Metal Company, Inc., now defunct, operated the 
facility from the 1950s until 1999. Consolidated, while processing 
scrap metal materials, contaminated the site with hazardous substances, 
including lead, polychlorinated biphenyls and volatile organic 
compounds.
    After the consent decree became effective, the five defendants who 
signed the consent decree (the ``Original Settlers'') reached 
settlements with the New Settlers. As permitted by the consent decree, 
the Original Settlers presented the settlements to the Environmental 
Protection Agency for potential inclusion in the consent decree by 
amendment or separate agreement, with the net proceeds to be divided 
between the United States and the Defendants. EPA has agreed to 
inclusion of the settlements with the New Settlers.
    The total net proceeds from these settlements will be $717,070. In 
accordance with the consent decree, the Modification provides for the 
New Settlers to pay $437,078 to the United States and $279,992 to the 
Original Settlers. The New Settlers will receive contribution 
protection and a covenant not to sue from the United States.
    The publication of this notice opens a period for public comment on 
the Modification. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. City of Newburgh, et al., D.J. Ref. 
90-11-3-07979/2. 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 Modification may be examined 
and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Modification 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $1.00.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-16294 Filed 7-8-16; 8:45 am]
 BILLING CODE 4410-15-P