[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Page 64959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25309]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under Comprehensive
Environmental Response, Compensation and Liability Act
On November 15, 2021, the Department of Justice lodged a proposed
Consent Decree (``Consent Decree'') with the United States District
Court for the Western District of New York in a lawsuit entitled United
States, the State of New York, and the Tuscarora Nation v. Honeywell
International, Inc., Civil Action No. 21-1218. In the complaint, the
plaintiffs, collectively the United States, the State of New York, and
the Tuscarora Nation (also referred to as ``the Natural Resource
Trustees''), seek natural resource damages under Section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9607(a) from defendant Honeywell International,
Inc. (``Honeywell''). The complaint alleges that Honeywell, as a
successor to the Allied Chemical Corp./Buffalo Color Corp., is a liable
party in connection with natural resource damages resulting from the
release of hazardous substances into a portion of the Buffalo River,
Buffalo, New York (``the Site''), from the early 1900s through at least
the mid-1900s.
The proposed Consent Decree requires that Honeywell, as a Settling
Defendant, pay $4,250,000 to the Natural Resource Trustees to
compensate for natural resource damages. The payment will reimburse
past assessment costs, and fund natural resource habitat restoration
projects, cultural restoration projects, and oversight costs to oversee
completion of the projects. Under the proposed settlement, conservation
easements and restrictions will be recorded on approximately 70
undeveloped acres of land adjacent to the Buffalo River to preserve
these properties in their undeveloped condition in perpetuity. These
properties are currently owned by CSX Transportation or the City of
Buffalo, who are settling parties under the Consent Decree. Additional
settling parties include other parties that are potentially responsible
for natural resource damages that have entered into separate
settlements with Honeywell.
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, the State of New York, and the
Tuscarora Nation v. Honeywell International, Inc., Civil Action No. 21-
1218, D.J. Ref. No. 90-11-3-08780. 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 website: 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 $9.75 (25 cents per page
reproduction cost), payable to the United States Treasury.
Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment &
Natural Resources Division.
[FR Doc. 2021-25309 Filed 11-18-21; 8:45 am]
BILLING CODE 4410-15-P