[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8109-8110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3802]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act (``CERCLA'')

    Notice is hereby given that on February 11, 2009, a proposed 
Consent Decree in United States v. Bristol Myers Squibb Company, et 
al., CIV No. 09-cv-0161 (N.D.N.Y.) was lodged with the United States 
District Court for the Northern District of New York.
    The proposed Consent Decree is between the United States on behalf 
of the United States Environmental Protection Agency (``EPA'') and 
Bristol-Myers Squibb Company, General Electric Company, International 
Business Machines Corporation, and Pass & Seymour, Inc. (Settling 
Defendants). The proposed Consent Decree resolves claims against the 
Settling Defendants under Sections 106, 107, and 113 of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (``CERCLA''), 42 U.S.C. 9606, 9607, 9613 related to the 
Solvent Savers Superfund Site in Lincklaen, Chenango County, New York. 
Under the proposed Consent Decree, the Settling Defendants agree to 
design, construct and operate groundwater remedies for the Site, 
estimated to cost $9.9 million, and a soil remedy including treatment 
of VOC's and PCBs for an estimated $4.9 million, and to pay EPA's 
future oversight costs. In return, the Decree provides the Settling 
Defendants with a covenant not to sue under CERCLA Sec. Sec.  106 and 
107(a) for the performance and costs of this work and for oversight 
costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. 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. Bristol Myers Squibb Company, (N.D.N.Y.) No. 09-cv-
0161, D.J. Ref. 90-11-3-704/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Northen District of New York, Suite 900, 100 S. 
Clinton St., Syracuse, NY 13261-7198 and at the Environmental 
Protection Agency, Region 2, Office of Regional Counsel, 290 Broadway, 
New York, New York 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/Consent_Decrees.html. A 
copy of the Consent Decree may also 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

[[Page 8110]]

confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $8.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-3802 Filed 2-20-09; 8:45 am]
BILLING CODE 4410-15-P