[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Notices]
[Page 17719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8740]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. William 
R. Aliff, Representative of the Estate of Elwin Eugene Aliff 
(S.D.W.Va.), C.A. No. 1:02-0279, was lodged on March 26, 2002, with the 
United States District Court for the Southern District of West 
Virginia. The Consent Decree resolves the United States' claims against 
the defendant, as representative of the Estate of Elwin Eugene Aliff 
(``Estate''), with respect to response costs incurred, pursuant to 
Section 107 of the Comprehensive Environmental Response, Compensation 
and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607. These costs 
were incurred by the Environmental Protection Agency (``EPA'') in 
connection with the clean-up of the Route 52 Site, located in 
Bluefield, Mercer County; West Virginia.
    The Consent Decree represents an ability-to-pay settlement with the 
Estate. The Consent Decree provides, inter alia, that the defendant, on 
behalf of the Estate, will: (a) Pay EPA $30,380.00 in cash within 30 
days of entry of the Consent Decree by the Court and (b) sell/transfer 
the portion of the Site property owned by the Estate and pay EPA from 
the proceeds of the sale/transfer, pursuant to the terms of the Consent 
Decree. Further, the Federal Deposit Insurance Corporation has issued a 
Receiver's Certificate of Proof of Claim to the Estate (``FDIC 
Claim''), based upon funds the decedent had on deposit in a bank that 
failed, and the FDIC is currently pursuing litigation against certain 
persons in connection with the failed bank to recover depositor's 
funds. The present value of the Estate's FDIC Claim is $440,500. The 
defendant agreed to assign and transfer 60% of the FDIC Claim to EPA, 
and the FDIC has approved the assignment and transfer.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, Washington, DC 20530, and should refer to United States v. 
William R. Aliff, Representative of the Estate of Elwin Eugene Aliff 
(S.D.W.Va.), C.A. No. 1:02-0279, and DOJ Reference No. 90-11-2-207/1.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 300 Virginia Street-East, Room 4000, 
Charleston, West Virginia 25301; and the Region III Office of the 
Environmental Protection Agency, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029. A copy of the proposed Consent Decree may be 
obtained by mail from the Department of Justice Consent Decree Library, 
P.O. Box 7611, Washington, DC 20044. In requesting a copy, please refer 
to the referenced case and enclose a check in the amount of $16.75 (.25 
cents per page production costs), payable to the Consent Decree 
Library.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-8740 Filed 4-10-02; 8:45 am]
BILLING CODE 4410-15-M