[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Page 27162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12218]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as Amended
On June 5, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Pennsylvania in the lawsuit entitled United States v. the
City of Philadelphia and the City of Philadelphia Redevelopment
Authority, Civil Action No. 2:19-cv-02433-MMB.
In its Complaint, pursuant to Section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERCLA''), 42 U.S.C. 9607(a), the United States alleges that
the City, as an owner, arranger, and transporter, and the Philadelphia
Redevelopment Authority, as an owner and operator, are liable for a
portion of the cleanup costs incurred and to be incurred by the
Environmental Protection Agency in connection with the cleanup of
Operable Unit 1 (``OU 1'') of Lower Darby Creek Area Superfund Site
(a.k.a. the ``Clearview Landfill''). The Site is located on the east
side of Darby Creek near the intersection of 84th Street and Lindbergh
Boulevard in Delaware County and Philadelphia County, Pennsylvania.
The proposed Consent Decree resolves all allegations asserted in
the United States' Complaint and provides for a combined payment of
$8.4 million (City, $6,540,000; Redevelopment Authority, $1,863,000) in
four installment payments, between 2019 and 2022. In exchange, the City
and Redevelopment Authority receive from the United States a covenant
not to sue for past and future response costs for OU 1, subject to
certain reservations and limitations. The United States, which the City
and Redevelopment Authority allege is also a responsible party at OU 1,
also receives a qualified release for OU 1 from the City and
Redevelopment Authority.
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. the City of Philadelphia and the City
of Philadelphia Redevelopment Authority, D.J. Ref. No. 90-11-3-10909.
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 website: https://www.justice.gov/enrd/consent-decrees. 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 $ 10.75 (0.25 cents per
page reproduction cost) payable to the United States Treasury for a
copy of the Consent Decree with appendices. For a paper copy without
the appendices, the cost is $ 9.25.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-12218 Filed 6-10-19; 8:45 am]
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