82 FR 55396 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 223 (November 21, 2017)

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Page 55396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25147]


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DEPARTMENT OF JUSTICE


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

    On November 14, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of New York in the lawsuit entitled United States v. Beazer 
East, Inc. et al., Civil Action No. 17-1165.
    The United States filed this lawsuit under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
United States' complaint names Beazer East, Inc., CBS Corporation, 
Chemung County, the City of Elmira, the Elmira Water Board, Hardinge 
Inc., Toshiba America Inc., the Town of Horseheads, and the Village of 
Horseheads, as defendants. The complaint requests recovery of costs and 
injunctive relief related to responding to releases of hazardous 
substances at or from the Fourth Operable Unit (``OU4'') of the 
Kentucky Avenue Wellfield Superfund Site located in the Village of 
Elmira Heights, the Town of Horseheads, and the Village of Horseheads, 
New York. Under the proposed Consent Decree, the nine Settling 
Defendants agree to perform the remedy selected by the Environmental 
Protection Agency (``EPA'') for OU4 and pay the United States' future 
response costs related to OU4. The Statement of Work, included as 
Appendix B to the Decree, provides the framework for implementation of 
the cleanup plan as set forth in the Record of Decision (``ROD'') 
signed by the Regional Administrator for Region 2 of EPA in September 
2016. The State of New York concurred with respect to the selected 
remedy. The selected remedy calls for the construction of a nine-acre 
cap over the footprint of Koppers Pond, with the cap comprised of a 
geotextile membrane covered by a six-inch layer of soil and sand. 
Institutional controls will also be imposed to control activities and 
use at OU4 to preserve the integrity of the cap. The Remedial Design, 
Remedial Action, and Operations and Maintenance at OU4 are estimated to 
cost approximately $1.9 million and the Settling Defendants will pay 
any United States Future Response Costs related to OU4. The United 
States has provided all of the Settling Defendants with a covenant not 
to sue under Sections 106 and 107(a) of CERCLA, relating to OU4, 
subject to certain reservations.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Beazer East, Inc., et al., Civil 
Action No. 17-1165, D.J. Ref. No. 90-11-2-1224/2. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $22.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits the cost is $14.50.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-25147 Filed 11-20-17; 8:45 am]
 BILLING CODE 4410-15-P