[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Notices]
[Page 31048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15257]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Residential Lead-
Based Paint Hazard Reduction Act

    Notice is hereby given that on June 18, 2009 a proposed Consent 
Decree in United States v. Carmen Neapolitan, Civil Action No. 
4:09CV1396 was lodged with the United States District Court for the 
Northern District of Ohio.
    The consent decree settles claims against the owner of twenty-five 
residential properties located in or near Youngstown, Ohio. The claims 
were brought on behalf of the Environmental Protection Agency (``U.S. 
EPA'') and the Department of Housing and Urban Development (``HUD'') 
under the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. 
4851 et seq. (``Lead Hazard Reduction Act''). The United States alleged 
in the complaint that the Defendant failed to make one or more of the 
disclosures or to complete one or more of the disclosure activities 
required by the Lead Hazard Reduction Act.
    Under the Consent Decree, the Defendant will certify that it is 
complying with residential lead paint notification requirements. The 
Defendant will submit a plan for window replacement work and will 
replace all windows known to or believed to contain lead-based paint in 
all residential properties owned by Defendant that are not certified 
lead-based paint free. In addition, Defendant will pay an 
administrative penalty of $2,000.
    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 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 U.S. 
Department of Justice, Washington, DC 20044-7611, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Carmen Neapolitan, D.J. Ref. 90-5-1-1-09432.
    The Proposed Consent Decree may be examined at the Department of 
Housing and Urban Development, Office of General Counsel, 451 7th St., 
NW., Room 9262, Washington, DC 20410; at the office of the United 
States Attorney for the Northern District of Ohio, 801 West Superior 
Avenue, Suite 400, Cleveland, Ohio 44113 (Attn: Assistant United States 
Attorney Michelle L. Heyer); and at U.S. EPA Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604. During the public comment period, the Consent 
Decree may also be examined on the following Department of Justice Web 
site, to 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 confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $8.00 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-15257 Filed 6-26-09; 8:45 am]
BILLING CODE 4410-15-P