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Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

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[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Notices]
[Page 31465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy09-96]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on June 25, 2009, a proposed Consent
Decree was filed with the United States District Court for the Eastern
District of Pennsylvania in United States and The Commonwealth of
Pennsylvania Department of Environmental Protection v. George R.
Rubright and Mary Lou Rubright, Case No. 5:09-cv-2853 (E.D. Pa.). The
proposed consent decree resolves cost recovery claims asserted by the
U.S. Environmental Protection Agency (``EPA'') under the Comprehensive
Environmental Response Compensation and Liability Act (``CERCLA'')
Section 107(a), 42 U.S.C. 9607(a), and by the Commonwealth of
Pennsylvania Department of Environmental Protection (``PADEP'') under
the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. 6020, against
George R. Rubright and Mary Lou Rubright for costs incurred in
connection with the Water Street Battery Site (the ``Site'') located in
Shoemakersville, Berks County, Pennsylvania.
    The United States and the Commonwealth incurred about $1,326,649.99
in response costs to address lead contamination at the Site that
resulted from using crushed battery casings as fill material. The
Defendants agree to pay $484,000 to the United States, to settle EPA's
claims, and $1,000 to the Commonwealth, to settle PADEP's claims.
    For thirty (30) days after the date of this publication, the
Department of Justice will receive comments relating to the Settlement
Agreement. 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. In either case,
comments should refer to United States and The Commonwealth of
Pennsylvania Department of Environmental Protection v. George R.
Rubright and Mary Lou Rubright (E.D. Pa.), D.J. Ref. No. 90-11-3-08686.
    The proposed Settlement Agreement may be examined at the Office of
the United States Attorney for the Eastern District of Pennsylvania,
615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106, and
at the office of the Environmental Protection Agency Region 3, 1650
Arch Street, Philadelphia, PA 19103. During the comment period, the
proposed Settlement Agreement 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 Settlement Agreement may also be
obtained by mail from the Department of Justice 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 $8.00 for the
Settlement Agreement (25 cents per page reproduction costs) payable to
the United States Treasury or, if by e-mail or fax, forward a check in
that amount to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. E9-15494 Filed 6-30-09; 8:45 am]
BILLING CODE 4410-15-P

 
 

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