[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48886-48887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18399]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with 28 U.S.C. 50.7 and Section 122 of the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA''), 42 U.S.C. 9622, notice is hereby given that on July 14,
2004, a proposed consent decree in the action of United States v. 3M
Company, et al., C.A. No. 2:04-cv-3331 (HAA), was lodged with the
United States District Court for the District of New Jersey. The
Consent Decree resolves the claims of the United States against the
defendants in this action for implementation of the fill area remedy
(``Operable Unit Two'') at the Scientific Chemical Processing
(``SCP'')--Carlstadt Superfund Site located in Carlstadt, New Jersey
(``Site'') and for reimbursement of past response costs relating to the
Site.
The Complaint in this action alleges that the defendants are liable
to the United States under Sections 106 and 107 of the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9606, 9607, as generators and/or transporters of materials
containing hazardous substances that were disposed of at the Site. The
defendants in this action are:
3M Company; Air Products and Chemicals, Inc.; Akzo Nobel
Coatings, Inc.; Altje, Inc.; American Cyanamid--Lederle Labs--
Shulton, Inc.; American Standard Companies; Ashland Inc.; ATOFINA
Chemicals, Inc.; BASF Corporation; Bayer Chemicals Corporation; Bee
Chemical Company; Benjamin Moore & Co.; Ber Mar Manufacturing Corp.;
Borden Chemical, Inc.; Bristol-Myers Squibb Company; Browning-Ferris
Industries of New Jersey; Chemcoat Inc.; Chemical Pollution Control,
Inc. of NY; Ciba Specialty Chemicals Corporation; CNA Holdings,
Inc.; Congoleum Corporation; Crown Beverage Packaging Company, Inc.;
Cycle Chem, Inc.; Dri Print Foils, Inc.; DuPont Company; Exxon Mobil
Corporation; ExxonMobile Oil Corporation; General Electric Company;
General Motors Corporation; Hoffmann-La Roche, Inc.; Honeywell
International Inc.; ISP Environmental Services Inc.; John L.
Armitage & Co.; Johnson & Johnson; Kirker Enterprises, Inc.; L.E.
Carpenter & Company; Lucent Technologies Inc.; Mack Trucks, Inc.;
Magid Corp.; Mallinckrodt Baker, Inc.; manor Care of American, Inc.;
Manor Care Health Services, Inc.; Marisol, Inc.; Merck & Co., Inc.;
Monroe Chemical, Inc.; Nepera, Inc.; New England Laminates Co.;
Inc.; Northrop Grumman Systems Corporation; Occidental Chemical
Corporation; PAXAR Corporation; Permacel, Inc.; Pfizer Inc.;
Pharmacia Corporation; Portfolio One, Inc.; Revlon Consumer Products
Corporation; Roche Vitamins Inc.; Rohm and Haas Company; Schenectady
International, Inc.; Seagrave Coatings Corp. (NJ); Siegfried (USA),
Inc.; Simon Wrecking Company, Inc.; SmithKline Beecham Corporation;
Technical Coatings Co.; The Continental Group Inc.; The Dow Chemical
Company; The Warner Lambert Co., LLC; Union Carbide Corporation;
United Technologies Corporation; and VIACOM Inc.
Under the proposed Consent Decree, the settling defendants will
reimburse to
[[Page 48887]]
EPA $1,149,902 of its past costs at this Site, plus interest from
January 7, 2003, and will perform the Operable Unit Two remedial
action. The Operable Unit Two remedial action includes the treatment
and stabilization of a hot spot area, the installation of a landfill
cap over the fill area, improvement of the existing groundwater
recovery system, and institutional controls. The cost of the
performance of the Operable Unit Two remedial action will be financed
in part from proceeds of a previous settlement with de minimis
potentially responsible parties relating to the Site and in part by the
defendants participating in this Consent Decree.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, written comments relating to
the proposed 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. 3M Company, et al., DOJ Ref.
09-11-12-495/1. In addition, because the Consent Decree
includes a covenant not to sue the settling defendants under Section
7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, the
United States will provide an opportunity for a public meeting in the
affected area, if requested within the thirty (30) day public comment
period. See 42 U.S.C. 6973(d).
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the District of New Jersey, 970 Broad
Street, Room 400, Newark, New Jersey 07102, and at the U.S.
Environmental Protection Agency, Region II, office, 290 Broadway, New
York, New York 10007. During the public comment period, the 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 Consent
Decree, with or without appendices, may also be obtained by mail from
the Consent Decree Library, PO Box 7611, 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 $29.75 (25 cents per
page reproduction costs) for the Consent Decree, without appendices, or
$107.00 (25 cents per page reproduction costs) for the Consent Decree,
with appendices, payable to the U.S. Treasury.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 04-18399 Filed 8-10-04; 8:45 am]
BILLING CODE 4410-15-M