[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Page 40733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13835]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Partial Consent Decree Pursuant to the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA)
Pursuant to section 122(d) of CERCLA, 24 U.S.C. 9622(d), and 28 CFR
50.7 notice is hereby given that on June 24, 2005, a proposed partial
Consent Decree (the Decree) in United States v. Beckman Coulter, Inc.,
et al., Civ. No. 98-CV-4812 (WHW) (consolidated), was lodged with the
United States District Court for the District of New Jersey (Newark
Vicinage).
In this consolidated action the United States, on behalf of the
United States Environmental Protection Agency (EPA), and the New Jersey
Department of Environmental Protection (NJDEP) seek cost recovery with
respect to the Combe Fill South Landfill Superfund Site (the Site),
located in Chester and Washington Townships, New Jersey, pursuant to
CERCLA and other authorities against former operators of the Site, as
well as generators and transporters of hazardous substances to the
Site. The proposed Decree settles claims brought against four parties,
Carbco, Inc., f/k/a J. Filiberto Sanitation, Inc., Chester Hills, Inc.,
John Filiberto, and Joseph Filiberto (the Settling Parties), by the
United States and New Jersey. Under the terms of the proposed
settlement, within thirty days of entry, the Settling Parties will pay
$12.5 million, plus interest, to reimburse the United States and State
of New Jersey for a portion of their costs incurred at the Site. After
the time period for an appeal of the entry of the Consent Decree has
passed, or any potential appeal has been resolved, the Settling Parties
will also pay any monies remaining in their litigation escrow account
to the United States and State of New Jersey. This settlement is based
upon the Settling Parties' limited ability to pay, and the amounts
being paid under the Consent Decree are entirely funded from
settlements the Settling Parties have entered into with their insurance
carriers, with no part of the Settling Parties' settlement with their
insurance carriers inuring to their personal benefit.
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 Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, PO Box
7611, United States Department of Justice, Washington, DC 20044-7611,
and should refer to United States v. Beckman Coulter, Inc., et al., DOJ
Ref. No. 90-11-12-1134/1.
The proposed Consent Decree may be examined at the Office of the
United States Attorney for the District of New Jersey, Office of the
United States Attorney, Peter Rodini Federal Building, 970 Broad
Street, Suite 700, Newark, NJ 07102, and at the United States
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY
10007-1866. 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 may
also be obtained by mail from the Consent Decree Library, Post Office
Box 7611, Washington, D.C. 20044-7611, or by faxing or e-mailing a
request to Tonia Fleetwood at [email protected] or fax No.
(202) 514-0097, phone confirmation number (202) 514-1547. In requesting
a copy of the Decree from the Consent Decree Library, please enclose a
check in the amount of $8.75 (25 cents per page reproduction costs)
payable to the United States Treasury.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 05-13835 Filed 7-13-05; 8:45 am]
BILLING CODE 441-15-M