[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]
 BILLING CODE 4410-15-P