[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Page 35262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3147]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on June 15, 2007, a proposed Consent
Decree in United States v. Beehive Barrel and Drum, Inc. d/b/a Cascade
Cooperage, Inc. (D. Utah), C.A. No. 2:04-CV-00570 (TC), was lodged with
the United States District Court for the District of Utah, Central
Division.
In this action, the United States seeks response costs incurred and
to be incurred by the Environmental Protection Agency (``EPA''),
pursuant to Section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (``CERCLA''), 42 U.S.C.
9607, in connection with the Service First Barrel and Drum Site,
located in Salt Lake City, Utah. The United States also seeks punitive
damages for non-compliance with a unilateral administrative order
issued to the Estate of Stanley Pope and Stanco Enterprises, L.C.
pursuant to Sections 106(b) and 107(c)(3) of CERCLA, 42 U.S.C. 9606(b),
9607(c)(3), and civil penalties for Bryan Pope's and S.R.P. Gifting
Trust's failure to answer EPA's information requests pursuant to
Section 104(e) of CERCLA, 42 U.S.C. 9604(e). Defendants Estate of
Stanley Pope, Bryan Pope, S.R.P. Gifting Trust and Stanco Enterprises
have resolved the United States' response cost claims, punitive damages
claims and civil penalties claims through this Consent Decree.
The settlement is based on a documented inability-to-pay analysis.
Based upon the analysis, EPA determined that the Rossomondo Defendants
had the financial ability to pay the proceeds from a sale of the
Diatect Stock owned by the Estate to reimburse EPA for the EPA's
response costs that were incurred in connection with the clean-up of
the Site. Defendants Estate of Stanley Pope and Stanco Enterprises,
L.C. will pay $2,500 in punitive damages to settle their liability for
failure to comply with a unilateral order. Defendants Bryan Pope and
S.R.P. Gifting Trust will pay $7,500 in civil penalties for failure to
respond to EPA's information requests.
The 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 Assistant Attorney
General for the Environment and Natural Resources Division, and either
e-mailed to [email protected] or mailed to P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. Beehive Barrel and Drum, Inc. d/b/a Cascade
Cooperage, Inc., DOJ Ref. No. 90-11-3-08170.
The proposed Consent Decree may be examined at the Office of the
United States Attorney, 185 South State, Ste. 400, Salt Lake City, Utah
84111; and U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado
80202. During the public comment period, the proposed Consent Decree
may also be examined on the following Department of Justice Web site,
http://www.usdoj.gov/enrd/Consent_Decree.html. A copy of the proposed
Consent Decree 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 number (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy of the Consent
Decree from the Consent Decree Library, please enclose a check in the
amount of $6.75 (25 cents per page reproduction costs), payable to the
U.S. Treasury.
Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 07-3147 Filed 6-26-07; 8:45 am]
BILLING CODE 4410-15-M