[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Page 4420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00712]


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DEPARTMENT OF JUSTICE


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

    On January 9, 2017, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Central 
District of California in the lawsuit entitled United States v. Estate 
of Dorothy Medore, Civil Action No. 5:17-cv-00029.
    The consent decree would resolve claims against the Estate of 
Dorothy Medore under CERCLA Sec.  107(a), 42 U.S.C. 9607(a), for 
recovery of response costs in connection with the Banaire Enterprises 
and Banaire Radium Trailers Superfund Sites in Cabazon, California 
(``Sites''). The Banaire Enterprises Site consists of two parcels 
located at 49800 Bonita Avenue and 14993 South Broadway. EPA found 
radioactive contamination at both parcels. The Banaire Radium Trailers 
Site is located at 4972 Main Street. Trailers on the property contained 
radioactive airplane parts and waste solvents. From September 2013 to 
April 2014, EPA performed a cleanup at both Sites. EPA's response costs 
through September 30, 2015, are $2,983,852.79. The United States 
alleges that the Medore Estate is liable for these costs because it is 
an owner of Site property.
    The proposed Consent Decree with the Estate of Dorothy Medore would 
resolve the liability of the Estate by requiring the Estate to deposit 
an initial amount of $150,000 in an interest-bearing escrow account. 
Once the decree is entered, the amounts in escrow will be paid to the 
United States. The Estate also commits under the decree to inventory 
and appraise all remaining Estate property and to use best efforts to 
liquidate it. For real property, the Estate must provide EPA with 
notice of offers and EPA must approve the sale. If the Estate is not 
able to sell real property after using best efforts, the real property 
will be auctioned.
    When all Estate property has been liquidated, and the proceeds 
placed in the Estate's bank account, the Estate will petition the 
California probate court for permission to distribute Net Proceeds to 
the United States in satisfaction of Past Response Costs. At least 30 
days before filing the petition, the Estate will provide the United 
States with an accounting of the Estate's assets and its administration 
costs, including attorney's fees.
    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. Estate of Dorothy Medore, D.J. 
Ref. No. 90-11-3-10880. 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 proposed consent decree 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 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 $4.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-00712 Filed 1-12-17; 8:45 am]
BILLING CODE 4410-15-P