[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Notices]
[Pages 12573-12574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6499]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree, Pursuant to the 
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. Angus 
Macdonald, et al., Civil Action No. 3:01CV00101, was lodged with the 
United States Court for the Western District of Virginia on March 1, 
2002.
    The consent decree resolves claims pursuant to section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a), for past response costs of more than 
$3,493,000 incurred for response activities to address the release at 
the Everdure, Inc. Superfund Site, located in Orange County near 
Rapidan, Va. The United States filed a complaint in this matter in 
October, 2001, against four current and former owner/operators at the 
Site: Amy B. Macdonald, deceased, a former owner of the Site; her son, 
Angus Macdonald; Majorie T. Macdonald; and Glengary Development 
Corporation (``GDC''), a corporate entity that currently owns all but 9 
acres of the Site. The proposed decree settles that case, and requires 
the Defendants to sell the GDC property and to pay sixty percent (60%) 
of the net proceeds from any sale of all or part of that property into 
a Site Special Account for future work at the Site or reimbursement of 
the Superfund.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. As a result of the discovery of anthrax 
contamination at

[[Page 12574]]

the District of Columbia mail processing center in mid-October, 2001, 
the delivery of regular first-class mail sent through the United States 
Postal Service has been disrupted. Consequently, comments which are 
addressed to the Department of Justice in Washington, DC and sent by 
regular, first-class mail through the U.S. Postal Service are not 
expected to be received in a timely manner. Therefore, comments should 
be addressed to the Assistant Attorney General for the Environment and 
Natural Resources Division, Department of Justice, and sent (1) c/o 
Patti Miller, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103; 
and/or (2) by facsimile to (202) 353-0296; and/or (3) by overnight 
delivery, other than through the U.S. Postal Service, to Chief, 
Environmental Enforcement Section, United States Department of Justice, 
1425 New York Avenue, NW 13th Floor, Washington, DC 20005. Each 
communication should refer on its face to United States v. Angus 
Macdonald, et al., DOJ # 90-11-3-06957.
    The proposed consent decree may be examined at the office of the 
United States Attorney for the Western District of Virginia, 105 
Franklin Road, SW., Suite One, Roanoke, VA; and the Region III Office 
of the Environmental Protection Agency, 1650 Arch St., Philadelphia, PA 
19103. A copy of the proposed consent decree may be obtained by faxing 
a request to Tonia Fleetwood, Department of Justice Consent Decree 
Library, fax number (202) 616-6584; phone confirmation (202) 514-1547. 
In requesting a copy, please forward the request and a check in the 
amount of $9.00 (25 cents per page reproduction cost) payable to the 
U.S. Treasury, referencing the DOJ Consent Decree Library, United 
States v. Angus Macdonald, et al., DOJ # 90-11-3-06957, to the first-
class mail address at EPA Region III or the overnight mail address at 
DOJ, 1425 New York Avenue, listed above.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-6499 Filed 3-18-02; 8:45 am]
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