[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]
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