83_FR_55956 83 FR 55740 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Federal Debt Collection Procedures Act

83 FR 55740 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Federal Debt Collection Procedures Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55740-55741
FR Document2018-24300

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018) 
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55740-55741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24300]


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DEPARTMENT OF JUSTICE


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

    On October 31, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Missouri in the matter entitled United States of America, 
et al v. Blue Tee Corp., Brown Strauss, Inc., David P. Alldian, Richard 
A. Secrist, and William M. Kelly Case No. 3:18-cv-5097. The Consent 
Decree resolves claims against Blue Tee Corp. (``Blue Tee'') and Brown 
Strauss Inc. (``BSI'') under the Comprehensive Environmental

[[Page 55741]]

Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 
et seq. The claims involved are asserted by the United States on behalf 
of the Environmental Protection Agency, the Department of Agriculture, 
and the Department of Interior, and claims are asserted by the states 
of Colorado, Oklahoma, Missouri, Kansas, Illinois, Montana, Tennessee, 
and by the Eastern Shawnee Tribe of Oklahoma, the Ottawa Tribe of 
Oklahoma, the Peoria Tribe of Indians of Oklahoma, the Seneca-Cayuga 
Nation, the Wyandotte Nation, the Miami Tribe of Oklahoma and the 
Cherokee Nation (``the Governments''). The Consent Decree also resolves 
claims against Blue Tee, David P. Alldian, Richard A. Secrist, and 
William M. Kelly (``D&O Defendants'') under the Federal Debt Collection 
Procedures Act (``FDCPA''), 28 U.S.C. 3301 et. seq. and similar state 
and tribal laws. Under the Consent Decree, the Governments will share 
in payments from the Settling Defendants totaling $75,725,000 which 
will be allocated on a site by site basis as set forth in the Consent 
Decree. In this Consent Decree the United States grants covenants not 
to sue for the following Sites: Old American Zinc Plant, Sauget 
Industrial Corridor, and Asarco Taylor Springs Sites in Illinois; the 
Tar Creek Site in Oklahoma; the Cherokee County, Caney Residential 
Yards, American Zinc, Lead and Smelting Company, Dearing, Neodesha, 
Owen Zinc, and East La Harpe Smelter Sites in Kansas; the Jasper County 
and Newton County Sites in Missouri; the Carpenter-Snow Creek Mining 
Site in Montana; the Klondyke Tailings Site in Arizona; the Bonita Peak 
and Ouray Sites in Colorado; the Rockwood Iron and Metal Site in 
Tennessee; and the Anderson-Calhoun Mine & Mill and the Grandview Mine 
& Mill Sites in Washington. The CERCLA claims arise from the Blue Tee's 
and BSI's liabilities under Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), for costs incurred and to be incurred relating to the sites 
listed above.
    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 of America, et al. v. Blue Tee Corp., 
Brown Strauss, Inc., David P. Alldian, Richard A. Secrist, and William 
M. Kelly Case No. 3:18-cv-5097, D.J. Ref. No. 90-11-2-330/12. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the 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 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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-24300 Filed 11-6-18; 8:45 am]
 BILLING CODE 4410-15-P

55740 Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices LLC, Burlington, MA, have withdrawn refer to United States v. The Atlas- The publication of this notice opens as parties to this venture. Lederer Company, et al. D.J. Ref. No. a period for public comment on the No other changes have been made in 90–11–3–279B. All comments must be consent decree. Comments should be either the membership or planned submitted no later than thirty (30) days addressed to the Assistant Attorney activity of the group research project. after the publication date of this notice. General, Environment and Natural Membership in this group research Comments may be submitted either by Resources Division, and should refer to project remains open, and NSC intends email or by mail: United States of America v. City of to file additional written notifications Ironwood, Michigan, D.J. Ref. No. 90– disclosing all changes in membership. To submit Send them to: 11–3–11704. All comments must be On May 24, 2014, NSC filed its comments: submitted no later than thirty (30) days original notification pursuant to Section after the publication date of this notice. By email ....... pubcomment-ees.enrd@ 6(a) of the Act. The Department of Comments may be submitted either by usdoj.gov. Justice published a notice in the Federal By mail ......... Assistant Attorney General, email or by mail: Register pursuant to Section 6(b) of the U.S. DOJ–ENRD, P.O. Box Act on November 4, 2014 (72 FR 65424). 7611, Washington, DC To submit Send them to: The last notification was filed with 20044–7611. comments: the Department on May 14, 2018. A notice was published in the Federal By email ....... pubcomment-ees.enrd@ During the public comment period, usdoj.gov. Register pursuant to Section 6(b) of the the proposed Consent Decree may be By mail ......... Assistant Attorney General, Act on June 19, 2018 (83 FR 28449). examined and downloaded at this U.S. DOJ–ENRD, P.O. Box Suzanne Morris, Justice Department website: https:// 7611, Washington, DC www.justice.gov/enrd/consent-decrees. 20044–7611. Chief, Premerger and Division Statistics Unit, Antitrust Division. We will provide a paper copy of the proposed Consent Decree upon written During the public comment period, [FR Doc. 2018–24334 Filed 11–6–18; 8:45 am] request and payment of reproduction the consent decree may be examined BILLING CODE 4410–11–P costs. Please mail your request and and downloaded at this Justice payment to: Consent Decree Library, Department website: https:// U.S. DOJ–ENRD, P.O. Box 7611, www.justice.gov/enrd/consent-decrees. DEPARTMENT OF JUSTICE Washington, DC 20044–7611. We will provide a paper copy of the Notice of Lodging of Proposed Please enclose a check or money order consent decree upon written request Consent Decree Under the for $5.00 (25 cents per page and payment of reproduction costs. Comprehensive Environmental reproduction cost) payable to the United Please mail your request and payment Response, Compensation, and Liability States Treasury. to: Consent Decree Library, U.S. DOJ– Act ENRD, P.O. Box 7611, Washington, DC Randall M. Stone, 20044–7611. On November 1, 2018, the Department Acting Assistant Section Chief, Please enclose a check or money order of Justice lodged a proposed Consent Environmental Enforcement Section, Environment and Natural Resources Division. for $13.75 (25 cents per page Decree with the United States District reproduction cost) payable to the United Court for the Southern District of Ohio [FR Doc. 2018–24296 Filed 11–6–18; 8:45 am] States Treasury. in the lawsuit entitled United States v. BILLING CODE 4410–15–P The Atlas-Lederer Company, et al., Civil Randall M. Stone, Action No. 3:91–CV–00309. Acting Assistant Section Chief, The United States filed this lawsuit DEPARTMENT OF JUSTICE Environmental Enforcement Section, Environment and Natural Resources Division. under the Comprehensive Notice of Lodging of Proposed Environmental Response, [FR Doc. 2018–24295 Filed 11–6–18; 8:45 am] Consent Decree Under the Compensation, and Liability Act Comprehensive Environmental BILLING CODE 4410–15–P (CERCLA). The complaint seeks Response, Compensation, and Liability recovery of costs incurred or to be Act of 1980, as Amended (‘‘CERCLA’’) incurred in connection with the release DEPARTMENT OF JUSTICE or threatened release of hazardous On October 31, 2018, the Department Notice of Lodging of Proposed substances at the United Scrap Lead of Justice lodged a proposed consent Consent Decree Under the Superfund Site in Concord Township, decree with the United States District Comprehensive Environmental Miami County, Ohio. Three defendants Court for the Western District of Response, Compensation, and Liability are parties to the proposed Consent Michigan in the lawsuit entitled United Act and the Federal Debt Collection Decree: Caldwell Iron & Metal, Larry States of America v. City of Ironwood, Procedures Act Katz, and Edison Automotive Inc. Michigan, Civil Action No. 2:18–cv–195. Caldwell Iron & Metal and Larry Katz The United States filed this lawsuit On October 31, 2018, the Department collectively agree to pay $82,492 plus under CERCLA. The complaint requests of Justice lodged a proposed Consent interest over three years. Edison recovery of costs that the United States Decree with the United States District Automotive Inc. agrees to pay $22,334. incurred in responding to releases of Court for the Western District of In return, the United States agrees not hazardous substances at the Ironwood Missouri in the matter entitled United to sue the defendants under sections Manufactured Gas Plant Site in States of America, et al v. Blue Tee amozie on DSK3GDR082PROD with NOTICES1 106 and 107 of CERCLA. Ironwood, Michigan. The City of Corp., Brown Strauss, Inc., David P. The publication of this notice opens Ironwood agrees to pay $170,000 of the Alldian, Richard A. Secrist, and William a period for public comment on the United States’ response costs and M. Kelly Case No. 3:18–cv–5097. The proposed Consent Decree. Comments maintain engineering controls at the Consent Decree resolves claims against should be addressed to the Assistant Site. In return, the United States agrees Blue Tee Corp. (‘‘Blue Tee’’) and Brown Attorney General, Environment and not to sue the City of Ironwood under Strauss Inc. (‘‘BSI’’) under the Natural Resources Division, and should Section 107(a) of CERCLA. Comprehensive Environmental VerDate Sep<11>2014 17:46 Nov 06, 2018 Jkt 247001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1

Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices 55741 Response, Compensation, and Liability To submit proposed exemption. If the commenter Send them to: Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. comments: would be adversely affected by the The claims involved are asserted by the exemption’s approval, the comment United States on behalf of the By email ....... pubcomment-ees.enrd@ should describe the manner in which Environmental Protection Agency, the usdoj.gov. the commenter will be adversely By mail ......... Assistant Attorney General, Department of Agriculture, and the affected. A request for a hearing can be U.S. DOJ–ENRD, P.O. Box Department of Interior, and claims are 7611, Washington, DC requested by any interested person who asserted by the states of Colorado, 20044–7611. may be adversely affected by an Oklahoma, Missouri, Kansas, Illinois, exemption. A request for a hearing must Montana, Tennessee, and by the Eastern During the public comment period, state: (1) The name, address, telephone Shawnee Tribe of Oklahoma, the Ottawa the Consent Decree may be examined number, and email address of the Tribe of Oklahoma, the Peoria Tribe of and downloaded at this Justice person making the request; (2) the Indians of Oklahoma, the Seneca- Department website: https:// nature of the person’s interest in the Cayuga Nation, the Wyandotte Nation, www.justice.gov/enrd/consent-decrees. exemption and the manner in which the the Miami Tribe of Oklahoma and the We will provide a paper copy of the person would be adversely affected by Cherokee Nation (‘‘the Governments’’). Consent Decree upon written request the exemption; and (3) a statement of The Consent Decree also resolves claims and payment of reproduction costs. the issues to be addressed and a general against Blue Tee, David P. Alldian, Please mail your request and payment description of the evidence to be Richard A. Secrist, and William M. to: Consent Decree Library, U.S. DOJ– presented at the hearing. The Kelly (‘‘D&O Defendants’’) under the ENRD, P.O. Box 7611, Washington, DC Department will grant a request for a Federal Debt Collection Procedures Act 20044–7611. hearing made in accordance with the (‘‘FDCPA’’), 28 U.S.C. 3301 et. seq. and Please enclose a check or money order requirements above where a hearing is similar state and tribal laws. Under the for $10.75 (25 cents per page necessary to fully explore material Consent Decree, the Governments will reproduction cost) payable to the United factual issues identified by the person share in payments from the Settling States Treasury. requesting the hearing. A notice of such Defendants totaling $75,725,000 which hearing shall be published by the will be allocated on a site by site basis Susan M. Akers, Department in the Federal Register. The as set forth in the Consent Decree. In Assistant Section Chief, Environmental Department may decline to hold a this Consent Decree the United States Enforcement Section, Environment and hearing if: (1) The request for the Natural Resources Division. hearing does not meet the requirements grants covenants not to sue for the following Sites: Old American Zinc [FR Doc. 2018–24300 Filed 11–6–18; 8:45 am] above; (2) the only issues identified for Plant, Sauget Industrial Corridor, and BILLING CODE 4410–15–P exploration at the hearing are matters of Asarco Taylor Springs Sites in Illinois; law; or (3) the factual issues identified the Tar Creek Site in Oklahoma; the can be fully explored through the Cherokee County, Caney Residential DEPARTMENT OF LABOR submission of evidence in written Yards, American Zinc, Lead and (including electronic) form. Smelting Company, Dearing, Neodesha, Employee Benefits Security All written comments and requests for Owen Zinc, and East La Harpe Smelter Administration a hearing (at least three copies) should Sites in Kansas; the Jasper County and be sent to the Employee Benefits [Exemption Application No. D–11938] Security Administration (EBSA), Office Newton County Sites in Missouri; the of Exemption Determinations, U.S. Carpenter-Snow Creek Mining Site in Notice of Proposed Exemption Department of Labor, 200 Constitution Montana; the Klondyke Tailings Site in Involving Retirement Clearinghouse, Avenue NW, Suite 400, Washington, DC Arizona; the Bonita Peak and Ouray LLC (RCH or the Applicant)—Located 20210. Attention: Application No. Sites in Colorado; the Rockwood Iron in Charlotte, North Carolina D–11938. Interested persons are also and Metal Site in Tennessee; and the AGENCY: Employee Benefits Security invited to submit comments and/or Anderson-Calhoun Mine & Mill and the Administration, Labor. hearing requests to EBSA via email or Grandview Mine & Mill Sites in FAX. Any such comments or requests Washington. The CERCLA claims arise ACTION: Notice of proposed exemption. should be sent either by email to: from the Blue Tee’s and BSI’s liabilities e-oed@dol.gov, or by FAX to (202) 693– under Section 107(a) of CERCLA, 42 SUMMARY: This document gives notice of a proposed individual exemption from 8474 by the end of the scheduled U.S.C. 9607(a), for costs incurred and to comment period. The application for be incurred relating to the sites listed certain of the prohibited transaction restrictions of the Employee Retirement exemption and the comments received above. will be available for public inspection in The publication of this notice opens Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue the Public Documents Room of the a period for public comment on the Employee Benefits Security Consent Decree. Comments should be Code of 1986 (the Code). Administration, U.S. Department of addressed to the Assistant Attorney DATES: Written comments and requests Labor, Room N–1515, 200 Constitution General, Environment and Natural for a public hearing on the proposed Avenue NW, Washington, DC 20210. Resources Division, and should refer to exemption should be submitted to the Warning: All comments received will United States of America, et al. v. Blue Department December 24, 2018. be included in the public record Tee Corp., Brown Strauss, Inc., David P. If the Department of Labor without change and may be made amozie on DSK3GDR082PROD with NOTICES1 Alldian, Richard A. Secrist, and William (Department) grants this proposed available online at http:// M. Kelly Case No. 3:18–cv–5097, D.J. exemption, it will be effective for five www.regulations.gov, including any Ref. No. 90–11–2–330/12. All comments years beginning on the date a final personal information provided, unless must be submitted no later than thirty exemption is published in the Federal the comment includes information (30) days after the publication date of Register. claimed to be confidential or other this notice. Comments may be ADDRESSES: Comments should state the information whose disclosure is submitted either by email or by mail: nature of the person’s interest in the restricted by statute. If you submit a VerDate Sep<11>2014 17:46 Nov 06, 2018 Jkt 247001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1


Document Created: 2018-11-07 00:05:15
Document Modified: 2018-11-07 00:05:15
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 55740 
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