83_FR_11297 83 FR 11247 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

83 FR 11247 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 50 (March 14, 2018)

Page Range11247-11247
FR Document2018-05182

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018) 
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Page 11247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05182]


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DEPARTMENT OF JUSTICE


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

    On March 8, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Colorado in the lawsuit entitled United States v. El Paso County 
Retirement Plan, Civil Action No. 1:18-cv-00552.
    The proposed Consent Decree resolves the United States' claim under 
Section 107 of the Comprehensive Environmental Response, Compensation 
and Liability Act (``CERCLA''), 42 U.S.C. 9607, against the El Paso 
County Retirement Plan for recovery of past response costs incurred at 
the Widefield PCE Superfund Site (``Site'') in El Paso County, 
Colorado. The Site comprises a former dry cleaners at 3217 South 
Academy Boulevard in Colorado Springs and related contamination of soil 
and groundwater, including of the Widefield Aquifer. The El Paso County 
Retirement Plan was the owner of the 3217 South Academy Boulevard 
property at the time of disposal of hazardous substances. The proposed 
Consent Decree requires the El Paso County Retirement Plan to pay 
$420,000 in reimbursement of past response costs incurred by the United 
States with respect to the Site. The proposed Consent Decree provides 
the El Paso County Retirement Plan with a covenant not to sue for past 
response costs incurred by the United States in connection with the 
Site and contribution protection under CERCLA.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. El Paso County Retirement Plan, 
D.J. Ref. No. 90-11-3-11721/1. 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 proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $3.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-05182 Filed 3-13-18; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices 11247 not to reach the issue of whether Retirement Plan for recovery of past reproduction cost) payable to the United Fujifilm has satisfied the economic response costs incurred at the Widefield States Treasury. prong with respect to its domestic PCE Superfund Site (‘‘Site’’) in El Paso Robert Brook, investments in its LTO–7 DI products. County, Colorado. The Site comprises a Assistant Section Chief, Environmental Accordingly, the Commission has former dry cleaners at 3217 South Enforcement Section, Environment and determined the appropriate remedy is a Academy Boulevard in Colorado Natural Resources Division. limited exclusion order against Sony’s Springs and related contamination of [FR Doc. 2018–05182 Filed 3–13–18; 8:45 am] products that infringe claims 1, 4–9, 11, soil and groundwater, including of the BILLING CODE 4410–15–P and 14 of the ’891 patent, and a cease Widefield Aquifer. The El Paso County and desist order against each of the Retirement Plan was the owner of the Sony respondents. The Commission has 3217 South Academy Boulevard DEPARTMENT OF JUSTICE also determined that the public interest property at the time of disposal of factors enumerated in subsections Notice of Lodging of Proposed hazardous substances. The proposed 337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), Consent Decree Under the Consent Decree requires the El Paso (f)(1)) do not preclude issuance of the Comprehensive Environmental limited exclusion order and cease and County Retirement Plan to pay $420,000 Response, Compensation, and Liability desist order. The Commission has, in reimbursement of past response costs Act however, determined to exempt Sony’s incurred by the United States with magnetic data storage tapes and respect to the Site. The proposed On February 27, 2018, the Department cartridges containing the same that are Consent Decree provides the El Paso of Justice lodged a proposed Consent imported or used for the purpose of County Retirement Plan with a covenant Decree with the United States District supporting Sony’s warranty, service, not to sue for past response costs Court for the Southern District of Ohio repair, and compliance verification incurred by the United States in in the lawsuit entitled United States v. obligations. The Commission has further connection with the Site and Bridgestone Americas Tire Operations et contribution protection under CERCLA. al., Case No. 3:18–cv–00054 (S.D. Ohio). determined to set a bond at zero (0) The proposed consent decree resolves percent of entered value during the The publication of this notice opens claims of the United States Presidential review period (19 U.S.C. a period for public comment on the Environmental Protection Agency 1337(j)). proposed Consent Decree. Comments (‘‘EPA’’) against seven defendants— The Commission’s orders and opinion should be addressed to the Assistant Bridgestone Americas Tire Operations, were delivered to the President and to LLC; Cargill, Inc.; Flowserve Attorney General, Environment and the United States Trade Representative Corporation; Kelsey-Hayes Company; Natural Resources Division, and should on the day of their issuance. NCR Corporation; Northrop Grumman The authority for the Commission’s refer to United States v. El Paso County Retirement Plan, D.J. Ref. No. 90–11–3– Systems Corporation, and Waste determination is contained in section Management of Ohio (collectively 337 of the Tariff Act of 1930, as 11721/1. All comments must be submitted no later than thirty (30) days ‘‘Defendants)—for response costs and amended (19 U.S.C. 1337), and in Part injunctive relief with respect to the 210 of the Commission’s Rules of after the publication date of this notice. Comments may be submitted either by North Sanitary (aka ‘‘Valleycrest’’) Practice and Procedure (19 CFR part Landfill Superfund Site in Dayton, Ohio 210). email or by mail: (‘‘Site’’). A complaint, which was filed By order of the Commission. To submit simultaneously with the proposed Issued: March 8, 2018. Send them to: consent decree, alleges that the comments: Katherine M. Hiner, Defendants are liable under Sections Supervisory Attorney. By email ...... pubcomment-ees.enrd@ 106, 107(a), and 113(g)(2) of the [FR Doc. 2018–05093 Filed 3–13–18; 8:45 am] usdoj.gov. Comprehensive Environmental By mail ........ Assistant Attorney General, Response, Compensation, and Liability BILLING CODE 7020–02–P U.S. DOJ—ENRD, P.O. Box Act (‘‘CERCLA’’), 42 U.S.C. 9606, 7611, Washington, DC 9607(a), and 9613(g)(2). Under the 20044–7611. proposed consent decree, the DEPARTMENT OF JUSTICE defendants will perform the remedy During the public comment period, selected by EPA to address Notice of Lodging of Proposed Consent Decree Under the the proposed Consent Decree may be contamination at the Site by, among Comprehensive Environmental examined and downloaded at this other things, designing and constructing Response, Compensation and Liability Justice Department website: https:// a landfill ‘‘cap’’ that will cover Act www.justice.gov/enrd/consent-decrees. approximately 70 acres of the Site. We will provide a paper copy of the Other significant remedial actions will On March 8, 2018, the Department of proposed Consent Decree upon written include the design and construction of Justice lodged a proposed Consent request and payment of reproduction a system to address landfill gas, as well Decree with the United States District costs. Please mail your request and as a system to prevent leachate from Court for the District of Colorado in the payment to: Consent Decree Library, contaminating groundwater. lawsuit entitled United States v. El Paso U.S. DOJ—ENRD, P.O. Box 7611, Additionally, the Defendants will County Retirement Plan, Civil Action Washington, DC 20044–7611. reimburse EPA for its future response daltland on DSKBBV9HB2PROD with NOTICES No. 1:18–cv–00552. costs, but they will not reimburse EPA The proposed Consent Decree Please enclose a check or money order for its future oversight costs unless and resolves the United States’ claim under for $3.75 (25 cents per page until such costs, together with past Section 107 of the Comprehensive response costs and interim costs Environmental Response, Compensation incurred before entry of the consent and Liability Act (‘‘CERCLA’’), 42 U.S.C. decree, exceed $8.37 million. The 9607, against the El Paso County proposed consent decree will provide VerDate Sep<11>2014 18:17 Mar 13, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1


Document Created: 2018-03-14 01:06:40
Document Modified: 2018-03-14 01:06:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 11247 
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