[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Notices]
[Pages 19877-19878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8472]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Comprehensive 
Environmental Response, Compensation and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on March 29, 2004, a 
proposed Consent Judgment in United States v. Coltec Industries, Inc., 
et. al., Civil Action No. 04-1308, was lodged with the United States 
District Court for the Eastern District of New York.
    The proposed Consent Judgment resolves cost recovery claims of the 
United States, on behalf of the U.S. Environmental Protection Agency, 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with 
the Liberty Industrial Finishing Superfund Site in Oyster Bay, New York 
(``Site''), against Coltec Industries, Inc.; Goodrich Corporation; 55 
Motor Avenue LLC; Cubbies Properties, Inc.; Jefry Rosmarin; J. Jay 
Tanenbaum; Jan Burman; Jerome Lazarus; Liberty Associates; William 
Heller; Koch-Glitsch, LP; and Beazer East, Inc. The proposed Consent 
Judgment also resolves potential contribution claims against the United 
States pursuant to sections 107(a) and 113(f) of CERCLA, 42 U.S.C. 
9607(a) and 9613(f). The proposed Consent Judgment requires the twelve 
defendants to perform and fund the cleanup of the Site (estimated at 
$32.8 million). The United States, on behalf of two Settling Federal 
Agencies, the Department of Defense and the General Services 
Administration, will pay about 41.5 percent of the costs to be incurred 
in performing the remedy, which will amount to between $13.5 million 
and $17.6 million, depending on total cost of the remedy. The proposed 
Consent Judgment provides that the twelve defendants and the Settling 
Federal Agencies are entitled to contribution protection as provided by 
section 113(f)(2) of CERCLA, 42 U.S.C.

[[Page 19878]]

9613(f)(2) for matters addressed by the settlement.
    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 Judgment. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, Department of Justice, Washington, DC 20530, and should refer 
to United States v. Coltec Industries, Inc. et al., Civil Action No. 
04-1308, D.J. Ref. 90-11-2-1222/90-11-3-766.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, One Pierrepont 
Plaza, 14th Fl., Brooklyn, New York 11201, and at the United States 
Environmental Protection Agency, Region II, 290 Broadway, New York, New 
York 10007-1866. During the public comment period, the proposed Consent 
Judgment may also be examined on the following Department of Justice 
Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed 
Consent Judgment may 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 of the proposed Consent 
Judgment, please enclose a check in the amount of $49.00 (25 cent per 
page reproduction cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-8472 Filed 4-13-04; 8:45 am]
BILLING CODE 4410-13-M