[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Page 833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-67]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Judgment Pursuant to Resource 
Recovery and Conservation Act

    Notice is hereby given that on December 23, 2008, a proposed 
Consent Judgment in United States v. Citygas Gasoline Corporation, et 
al., Civil Action No. CV-03-6374, was lodged with the United States 
District Court for the Eastern District of New York.
    The proposed Consent Judgment will resolve the United States' 
claims under Section 9006 of the Resource Recovery and Conservation 
Act, as amended, 42 U.S.C. 6991e, on behalf of the U.S. Environmental 
Protection Agency against defendants Sidney Esikoff Family Trust 
(``Seft''), 141-50 Union Turnpike LLC, 83-10 Astoria Boulevard LLC, and 
2800 Bruckner Boulevard LLC (collectively ``SEFT Defendants''). The 
United States alleges that the SEFT Defendants violated the regulations 
governing underground storage tanks (``USTs''), set forth at 40 CFR 
Part 280, at the following facilities, which were automobile fueling 
stations with USTs that defendants have owned and/or operated: (1) 83-
10 Astoria Boulevard, Jackson Heights, New York; (2) 141-50 Union 
Turnpike, Flushing, New York; and (3) 2800 Bruckner Boulevard, Bronx, 
New York. The Consent Judgment requires the SEFT Defendants to pay a 
civil penalty of $325,000. The Consent Judgment also provides for 
injunctive relief to be implemented over the next five years at 141-50 
Union Turnpike, Flushing, New York, consisting of maintenance of 
ongoing compliance with the UST regulations, and submission of reports 
demonstrating such compliance.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Judgment. Comments should be addressed to the Assistant 
Attorney General, 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. Citygas Gasoline Corporation, et al., Civil 
Action No. CV-03-6374, D.J. Ref. No. 90-7-1-07464.
    The proposed Consent Judgment may be examined at the Office of the 
United States Attorney, Eastern District of New York, 271 Cadman Plaza 
East, 7th 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/Consent_Decrees.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 from the Consent Decree 
Library, please enclose a check in the amount of $14.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-67 Filed 1-7-09; 8:45 am]
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