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Notice of Lodging of Proposed Modified 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: February 15, 2007 (Volume 72, Number 31)]
[Notices]
[Page 7460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe07-92]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on January 24, 2007, a proposed
Modified Consent Decree in United States of America and Commonwealth of
Virginia v. American Cyanamid Company, et al., Civil Action Nos. 90-
0046-C, 91-0003-C, was lodged with the United States District Court for
the Western District of Virginia.
    In this action, the United States seeks a Third Modification of the
Consent Decree that the United States lodged in 1991 to resolve the
claims of the United States and the Commonwealth of Virginia under
Sections 107 and 106(a) of the Comprehensive Environmental Response,
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607 and
9606(a), at the U.S. Titanium Superfund Site located at the southern
boundary of Nelson County, near the community of Piney River, Virginia
(the ``Site''). This proposed Third Modification incorporates an EPA
amendment to the remedy that requires institutional controls at the
Site. Specifically, the modification requires American Cyanamid and its
corporate successors, Wyeth Holdings Corporation, Cytec Industries
Inc., and Piney Development Corporation to comply with certain land use
restrictions and to record a Declaration of Restrictive Covenants
documenting those restrictions and providing EPA with access to the
Site. These restrictions prohibit or limit (1) Installation of any
drinkingw water wells in areas where the groundwater is contaminated;
(2) any new development at the Site that might interfere with the
remedy; and (3) unauthorized earth moving activities where remedial
actions have occurred.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to this
proposed Modified Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environmental 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 of America and Commonwealth of Virginia v. American Cyanamid
Company, et al., Civil Action Nos. 90-0046-C, 91-0003-C, and should
refer to D.J. Ref. 90-11-2-562.
    The Modified Consent Decree may be examined at the Office of the
United States Attorney for the Western District of Virginia, 310 First
Street, SW., Room 906, Roanoke, Virginia 24011, and at U.S. EPA Region
III's Office, 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/
Consent_Decrees.html. A copy of the proposed Modified 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.
    In requesting a copy from the Consent Decree Library, please
enclose a check in the amount of $3.25 (25 cents per page reproduction
cost for a full copy) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-686 Filed 2-14-07; 8:45 am]
BILLING CODE 4410-15-M

 
 

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