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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: May 13, 2009 (Volume 74, Number 91)]
[Notices]
[Page 22587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my09-88]

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DEPARTMENT OF JUSTICE

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

    Under 28 CFR 50.7, notice is hereby given that on May 5, 2009, a
proposed Consent Decree in United States v. Emma B. Masset, 08 Civ.
6336 (SCR), was lodged with the United States District Court for the
Southern District of New York.
    The Consent 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. 9601 et seq. against
defendant Emma B. Masset., relating to Westwood Chemical Corp.
Superfund Site, located in Orange County, New York (the ``Site'').
    In a complaint filed on July 14, 2008, the United States alleged
that Masset was an operator of the Westwood Chemical facility at the
time of disposal of hazardous substances pursuant to section 107(a)(2)
of CERCLA. Specifically, Masset was an operator of the facility from
approximately 1998, when she became President of Westwood, until
approximately January 2005, when Ms. Masset decided to abandon the
facility following Westwood's October 2005 bankruptcy petition.
According to the Complaint, during that time, hazardous substances
including hydrochloric acid, sulfuric acid, mercury, lead, chromium,
copper, zinc, silver, selenium and arsenic were disposed of at the
Site. The Complaint sought unreimbursed costs incurred by the United
States and a declaration of liability with respect to any future
response costs.
    Pursuant to the Consent Decree, Masset will pay the United States a
total of $184,000, in three equal installments of $61,000 over a two-
year period, to resolve her 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 Consent Decree. Comments
should be addressed to the Assistant Attorney General, Environmental
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. Emma Masset, D.J. #90-11-2-08602/2.
    During the public comment period, the Consent Decree may be
examined on the following Department of Justice Web site, http://
www.usdoj.gov/enrd/Consent_Decrees.html. 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. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $5.00 (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.

Maureen Katz,
Assistant Section Chief Environmental, Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. E9-11132 Filed 5-12-09; 8:45 am]
BILLING CODE 4410-15-P

 
 

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