[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Notices]
[Pages 12572-12573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6279]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Partial Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as Amended
Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and
42 U.S.C. 9622(d), notice is hereby given that on February 7, 2002, a
proposed Partial Consent Decree (``Decree'') in United States of
America v. AlliedSignal Inc., et al., Civil Action No. 95-CV-0950-
C(Sc), and United States of America v. Niagara Frontier Transportation
Authority, Inc., et al., Civil Action No. 96-CV-0219C(Sc), was lodged
with the United States District Court for the Western District of New
York.
In these consolidated actions, the United States sought
reimbursement of response costs incurred by the United States in
connection with clean up activities at the Bern Metals and Universal
Iron and Metals Superfund Sites located in the City of Buffalo, Erie
County, New York. The proposed Decree will resolve the United States'
claims under the Comprehensive Environmental Response, Compensation,
and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., on behalf of
the United States Environmental Protection Agency (``EPA'') against
defendants AlliedSignal Inc. (now Honeywell International,
[[Page 12573]]
Inc.), General Motors Corporation, National Fuel Gas Distribution
Corporation, New York State Electric and Gas Corporation, Niagara
Frontier Transportation Authority, and Niagara Frontier Transit Metro
System, Inc. relating to the Sites. The settling defendants are alleged
to be liable as generators, or sucessors to generators, who arranged
for the disposal of hazardous substances at the Sites, pursuant to
section 107(a)(3) of CERCLA, 42 U.S.C. 9607(a)(3). The Decree provides
that the settling defendants will collectively pay $2,745,585 to the
United States in reimbursement of EPA's past response costs incurred at
the Sites ($2,002,904.62 for EPA's past response costs at the Bern
Metals Site and $742,680 for EPA's past response costs at the Universal
Iron and Metals Site).
The Department of Justice will receive, for a period of thirty (30)
days from the date of this application, comments relating to the
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, PO Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. AlliedSignal Inc., et al., D.J. Ref. No. 90-11-2-1147,
and United States v. Niagara Frontier Transportation Authority, Inc.,
et al., D.J. Ref. No. 90-11-3-1571.
The Decree may be examined at the Office of the United States
Attorney, Western District of New York, 138 Delaware Avenue, Buffalo,
New York 14202, and at the U.S. Environmental Protection Agency, Region
II, 290 Broadway, New York, New York 10007-1866. A copy of the Decree
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, fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy, please
enclose a check in the amount of $7.00 (25 cents per page reproduction
cost) payable to the U.S. Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environmental and
Natural Resources Division.
[FR Doc. 02-6279 Filed 3-18-02; 8:45 am]
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