[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Notices]
[Pages 69243-69244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28953]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on October 28, 2002, two proposed
consent decrees in United States v. Ponderosa Fibres of America, Inc.,
et al., Civil Action No. 99-CV-1305 (FJS/RWS), were lodged with the
United States District Court for the Northern District of New York.
The United States' Amended Complaint in this action alleges that
Ponderosa Fibres of America, Inc. (``PFC''), Martin Bernstein and
Jerome Goodman are jointly and severally liable for past and future
response costs, currently totaling over $1.3 million, incurred by the
United States in connection with the U.S. Environmental Protection
Agency's removal of hazardous substances from the St. Lawrence Pulp and
Paper Superfund Site in Ogdensburg, St. Lawrence County, New York
(``Site''), pursuant to section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9607(a). The Complaint also alleges that certain transfers of
funds from PFA to six current and former PFA officers and shareholders,
Martin Bernstein, Jeffrey Feil, the Estate of Louis Feil, Nathan
Bernstein, Robert L. Pitman and Roland O.A. Fjallstrom, violated the
fraudulent transfer provisions of the Federal Debt Collection
Procedures Act (``FDCPA''), 28 U.S.C. 3304, 3306, and the Federal
Priority Statute (``FPS''), 31 U.S.C. 3713(b). After the United States
initiated its recovery action against PFA, the company brought a third-
party contribution action against six entities, including The Bank of
New York (``BNY'') and Sonoco Products Company (``Sonoco''), pursuant
to section 113(f) of CERCLA, 42 U.S.C. 9613(f). In April 2002, the
Court entered a Consent Decree under which BNY paid $71,250 in partial
reimbursement of the United States' response costs.
The first of the two proposed Consent Decrees lodged on October 28
resolves cost recovery and contribution claims against Third-Party
Defendant Sonoco Products Company for $110,000. The second proposed
Decree resolves FDCPA, FPS and potential cost recovery and contribution
claims against Defendants Jeffrey Feil and Estate of Louis Feil for
$75,000.
For a period of thirty (30) days from the date of this publication,
the Department of Justice will accept comments relating to the proposed
Sonoco and Feils Consent Decrees. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, c/o David L. Weigert, Esq.,
Environmental Enforcement Section, P.O. Box 7611, Ben Franklin Station,
Washington, DC 20044-7611, and should refer to United States v.
Ponderosa Fibres of America, Inc., et al., Civil Action No. 99-CV-1305
(FJS/RWS), DJ 90-11-2-1223/1.
The proposed Consent Decrees may be examined at the Office of the
United Statesss Attorney, Northern District of New York, 231 Foley U.S.
Courthouse, 445 Broadway, Albany, New York and at U.S. Environmental
Protection Agency Region II, 290 Broadway, New York, New York. Copies
of the proposed Consent Decrees may also be obtained by mail from the
Consent Decree Library, PO Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611, or by faxing a request to Tonia Fleetwood at
(202) 514-0097, phone confirmation number (202) 514-1547. If requesting
copies of one or both the proposed Consent Decrees, please specify the
requested Decree(s) and enclose a check in the amount of $4.75
[[Page 69244]]
per Decree (25 cents per reproduced page), payable to the U.S.
Treasury.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division, Department of Justice.
[FR Doc. 02-28953 Filed 11-14-02; 8:45 am]
BILLING CODE 4410-15-M