[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Notices]
[Page 48590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16345]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
Pursuant to Section 122(d)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C.
9622(d)(2), and 28 CFR 50.7, notice is hereby given that a proposed
Consent Decree embodying a settlement in United States v. Del Monte
Fresh Produce (Hawaii), Inc., Civil Action No. 05-0049 5, was lodged on
August 4, 2005, with the United States District Court for the District
of Hawaii.
In a Complaint filed concurrently with the lodging of the Consent
Decree, the United States seeks reimbursement of costs incurred by the
United States and injunctive relief relating to the Del Monte Fresh
Produce (Hawaii), Inc., site located in Oahu, Hawaii (``Site''). The
United States alleges in the Complaint that the defendant, Del Monte
Fresh Produce (Hawaii), Inc. (``DMFP''), operated the Site and disposed
or arranged to dispose of hazardous substances at the Site within the
meaning of Sections 107(a)(1), (2), and (3) of CERCLA, 42 U.S.C.
9607(a)(1), (2), and (3).
Under the proposed Consent Decree, DMFP has agreed to fund and
perform response actions at the Site. The Consent Decree requires DMFP
to, among other things, install monitoring wells to characterize the
extent of contaminated groundwater; pump and treat contaminated
groundwater; implement phytoremediation; place a vegetated soil
covering or cap over the contaminated soil area; install a soil vapor
extraction system; and restrict land use. The Consent Decree also
requires DMFP to reimburse the Untied States for its costs.
The United States Department of Justice will receive, for a period
of 30 days from the date of this publication, comments relating to the
proposed Consent Decree. Comments should be addressed to the U.S.
Department of Justice, Assistant Attorney General, Environment and
Natural Resources Division, P.O. Box 7611, Ben Franklin Station,
Washington, DC 20044-7611, and should refer to United States v. Del
Monte Fresh Produce (Hawaii), Inc., DOJ Ref. 90-11-3-08277.
The proposed Consent Decree may be examined during the public
comment period on the following United States 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, U.S.
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,
DC 20044-7611, or by faxing or E-mailing a request to Tonia Fleetwood
([email protected]), fax number (202) 514-0097, phone
confirmation number (202) 514-1547. When requesting a copy from the
Consent Decree Library, please enclose a check, payable to the U.S.
Treasury, in the amount of $24.25 ($.25 per page reproduction cost).
Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 05-16345 Filed 8-17-05; 8:45 am]
BILLING CODE 4410-15-M