[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Page 5344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2071]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on January 27, 2010, a proposed Consent 
Decree in United States v. Newell Holdings Delaware, Inc. and Rock 
Springs Enterprises, Inc., Civil Action No. 5:07-cv-164, was lodged 
with the United States District Court for the Northern District of West 
Virginia. In a civil action filed on December 18, 2007, under Section 
107(a) of the Comprehensive Environmental Response, Compensation and 
Liability Act (``CERCLA''), 42 U.S.C. 9607(a), the United States sought 
recovery of response costs from Newell Holdings Delaware, Inc. 
(``Newell Holdings'') and Rock Springs Enterprises, Inc. (``Rock 
Springs'') in connection with the Eighth and Plutus Streets Pottery 
Site in Chester, West Virginia (``the Site''). The proposed Consent 
Decree, lodged on January 27, 2010, resolves the liability of defendant 
Rock Springs for response costs incurred and to be incurred by the 
United States in connection with the Site, and requires Rock Springs to 
market and sell the Site property Newell Holdings and to pay percent of 
net sales proceeds in reimbursement of response costs in accordance 
with the terms of the Decree. A Consent Decree with defendant Newell 
Holdings was lodged with the Court on December 18, 2009, and notice of 
that Consent Decree was published in the Federal Register on December 
24, 2009. Cite.. Newell Holdings is not a party to the Consent Decree 
being noticed today.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Please address comments to the Assistant Attorney 
General, Environment and Natural Resources Division, by e-mail to 
[email protected] or regular mail to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and refer to United 
States v. Newell Holdings Delaware, Inc. and Rock Springs Enterprises, 
Inc., D.J. Ref. 90-11-3-09297.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Northern District of West Virginia, U.S. 
Courthouse and Federal Building, 1125 Chapline Street, Wheeling, WV 
26003 and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 
19103. 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 confirmation 
number (202) 514-1547. When requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $10.00 for the Consent 
Decree only or $20.25 for the Consent Decree and attachments (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 address above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-2071 Filed 2-1-10; 8:45 am]
BILLING CODE 4410-15-P