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

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[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Notices]
[Page 50642-50643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-65]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on August 21, 2008, a proposed Consent
Decree (the ``Decree'') in United States v. City of Newburgh, et al.,
Civil Action No. 08 Civ. 7378 (SCR), was lodged with the United States
District Court for the Southern District of New York.
    The Decree resolves the claims of the United States, on behalf of
the Environmental Protection Agency (``EPA''), under Sections 107 and
113 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. 9607

[[Page 50643]]

and 9613, against the City of Newburgh (``Newburgh''), Connell Limited
Partnership (``Connell''), International Business Machines Corporation
(``IBM''), Northrop Grumman Ship Systems, Inc. (``Northrop''), and the
City of Poughkeepsie (``Poughkeepsie'') (collectively, the
``Defendants''), relating to the Consolidated Iron and Metal Company
Superfund Site (the ``Site''), located in the City of Newburgh, Orange
County, New York. The Site is a former junkyard and scrap metal
processing facility that was operated by Consolidated Iron and Metal
Company, Inc. (``Consolidated'') from the 1950s until 1999.
    In a complaint filed simultaneously with the Decree, the United
States alleged that Consolidated, in the course of processing scrap
metal materials, contaminated the Site with hazardous substances,
including lead, polychlorinated biphenyls and volatile organic
compounds. Consolidated is now a defunct company. Newburgh acquired
ownership of the Site in 2004. According to the complaint, Newburgh,
Poughkeepsie and IBM each arranged for transport of various types of
waste containing hazardous substances to the Site. The complaint
further charged that wastes were transported to the Site by Luria
Brothers and Company, of which Connell and Northrop are alleged
successors in interest.
    Pursuant to the Decree, the Defendants will pay EPA a total of
$12,000,000 over a two-year period to resolve their respective
liabilities at the Site. Four other potentially responsible parties who
are not named defendants in the case--Consolidated Rail Corporation,
Eisner Brothers, Inc., Ford Motor Company, and Kraft Foods Global,
Inc.--will pay EPA an additional $62,000 pursuant to the Decree and
resolve their potential liability at the Site. The Department of
Justice will receive, for a period of thirty (30) days from the date of
this publication, comments relating to the Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to pubcomment-
ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, and should refer to United States
v. City of Newburgh, et al. , D.J. Ref. 90-11-3-07979/2.
    The Decree may be examined at the Office of the United States
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and
at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New
York, New York 10007-1866. During the public comment period, the 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 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 $4.75 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8-19789 Filed 8-26-08; 8:45 am]
BILLING CODE 4410-15-P

 
 

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