[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45849-45850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6806]
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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 July 18, 2006, a
proposed Consent Judgment in United States, et
[[Page 45850]]
al. v. Coltec Industries, Inc., et al., Civil Action No. 06-3493, was
lodged with the United States District Court for the Eastern District
of New York.
The proposed Consent Judgment resolves natural resource damages
claims of the United States, on behalf of the Undersecretary of
Commerce for Oceans and Atmosphere of the National Oceanic and
Atmospheric Administration (``NOAA''), and the Secretary of the
Interior (``DOI''), 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; Beazer East, Inc.; and
Liberty Aero, 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 thirteen defendants to
design and construct a fishladder in the Massapequa Preserve, Oyster
Bay, New York (estimated at $173,000), and to reimburse NOAA and DOI
for their past and estimated future costs in the amount of $131,500.
The Untied States, on behalf of two Settling Federal Agencies, the
Department of Defense and the General Services Administration, will pay
about 43 percent of the total settlement, which will amount to
approximately $130,000. The proposed Consent Judgment provides that the
thirteen defendants and the Settling Federal Agencies are entitled to
contribution protection as provided by Section 113(f)(2) of CERCLA, 42
U.S.C. 9613(f)(2) for matters addressed by the settlement. The proposed
Consent Judgment also resoles natural resource damages claims of the
State of New York, on behalf of Denise M. Sheehan, Commissioner of the
New York State Department of Environmental Conservation and Trustee of
Natural Resources of the State of New York.
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, et al. v. Coltec Industries, Inc., et al., Civil
Action No. 04-1308, D.J. Ref. 90-11-2-1222/4, 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. 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. 06-6806 Filed 8-9-06; 8:45 am]
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