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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 
[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Notices]
[Page 39363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy06-99]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on June 29, 
2006, a proposed Consent Decree in United States v. Diamond State 
Salvage Company, Inc., Estate of Herbert Sherr, Nancy A. Sherr, 
Executrix of the Estate of Herbert Sherr, Barbara Sherr Kleger, and 
Delmarva Power & Light Company, Civil Action No. 05-76, was lodged with 
the United States District Court for the District of Delaware.
    In this civil action under the Comprehensive Environmental 
Response, Compensation and Liability Act (``CERCLA''), the United 
States seeks recovery of response costs from Diamond State Salvage 
Company, Inc. (``Diamond State Salvage''), the Estate of Herbert Sherr, 
Barbara Sherr Kleger, and Delmarva Power & Light Company, in connection 
with the Diamond State Salvage Superfund Site in Wilmington, New Castle 
County, Delaware (``Diamond State Site'' or ``Site''). On June 24, 
2005, the Court entered a Consent Decree resolving the liability of all 
defendants except for Diamond State Salvage. The Consent Decree lodged 
with the Court on June 29, 2006 resolves the liability of the sole 
remaining defendant, Diamond State Salvage under section 107(a) of 
CERCLA for response costs incurred and to be incurred at the Diamond 
State Site. The Consent Decree requires the owner of the Site, Diamond 
State Salvage to sell the Site property and pay the net proceeds to the 
United States in reimbursement of response costs incurred at the Site. 
The Decree also requires Diamond State Salvage to pursue insurance 
coverage for costs incurred by the United States at the Site and to pay 
a percentage of any proceeds recovered to the United States in 
reimbursement of response costs.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Please address comments to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and refer to United 
States v. Diamond State Salvage Company, Inc., et al., D.J. Ref. 90-11-
1275.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Delaware, 1201 Market Street, Suite 
1100, Wilmington, DE 19899-2046 and at U.S. EPA Region III, 1650 Arch 
Street, Philadelphia, PA 19103. During the public comment period, the 
Consent Decree may also be examined on the following Department of Justice 
Web site, http://www.usdoj.gov/enrd/open.html. Exit Disclaimer A copy of 
the Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. When requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $9.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-6155 Filed 7-11-06; 8:45 am]
BILLING CODE 4410-15-M

 
 

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