[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13047]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Partial Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA'')

    Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and 
42 U.S.C. 962(d) notice is hereby given that on May 25, 2004, a 
proposed Partial Consent Decree in United States v. FMC Corporation, et 
al., Civil Action No. 01-0476(KSH), was lodged with the United States 
District Court for the District of New Jersey.
    In this action the United States seeks recovery of response costs 
pursuant to Section 107(a) of CERCLA, for costs incurred related to the 
Higgins Disposal Superfund Site in Kingston, New Jersey. Subsequent to 
the filing of the Complaint, the U.S. Environmental Protection Agency 
issued an Explanation of Significant Difference (``ESD''). The ESD 
revised the second component of the remedial action selected in the 
1997 Record of Decision to the installation of an on-site ground water 
extraction and reinjection system. The Partial Consent Decree requires 
Defendant FMC Corporation to design, construct and operate the on-site 
ground water extraction and reinjection system for the Higgins Disposal 
Superfund Site. The Partial Consent Decree preserves the United States' 
claims for past and future costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Partial 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. FMC Corporation, et al., D.J. Ref. 90-11-
3-1486/2.
    The Partial Consent Decree may be examined at U.S. EPA Region II, 
290 Broadway, New York, New York 10007-1866 (contact Deborah Schwenk). 
During the public comment period, the Partial Consent Decree, may also 
be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Partial Consent Decree may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $10.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-13047 Filed 6-8-04; 8:45 am]
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