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Notice of Lodging of Proposed 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: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-106]

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

    Notice is hereby given that on April 25, 2006, a proposed Consent 
Decree in United States v. General Electric Company, Civil Action No. 
03CV4668 (HAA), was lodged with the United States District Court for 
the District of New Jersey. In that action, the United States seeks to 
recover from General Electric Company (``General Electric'') response 
costs incurred in connection with the Grand Street Mercury Superfund 
Site, located in Hoboken, New Jersey (``the Site''), pursuant to 
section 107 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9607. A number of other 
lawsuits have been filed and consolidated in connection with the 
release of mercury at the Site.
    As part of the settlement, General Electric has placed $3 million 
into an interest-bearing court registry account. The consent decree 
provides that the United States will receive $2,805,000 plus interest 
accrued on that amount, and that the State of New Jersey will receive 
$195,000 plus interest accrued on that amount. General Electric further 
agrees to file motions to withdraw its opposition to a consent decree 
that the United States and the State of New Jersey lodged in 2003 with 
other parties in Civil Action No. 96-3775 (HAA) and consolidated cases, 
and its opposition to aspects of other private settlements. General 
Electric further agrees to give up its claims for costs that it 
incurred in performing remediation at the Site and to withdraw its 
Petition to EPA under CERCLA section 106(b)(2), 42 U.S.C. 9606(b)(2), 
for reimbursement of such costs. In exchange, the Plaintiffs covenant 
not to sue General Electric for their past costs at the Site and 
provide contribution protection for all response costs and response 
actions at the Site.
    The Department of Justice will receive comments relating to this 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, Attention: Nancy 
Flickinger, and should refer to United States v. General Electric Co., 
DOJ #90-11-3-1769.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of New Jersey, 970 Broad Street, 7th 
Floor, Newark, NJ 07102, and at U.S. EPA Region II's Office, 290 
Broadway, New York, NY 10007-1866. 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-mail a request to Tonia Fleetwood 
tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $11.00 (25 cents per 
page reproduction cost) for a full copy of the consent decree, payable 
to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 06-4372 Filed 5-10-06; 8:45 am]
BILLING CODE 4410-15-M

 
 

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