[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38550-38551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16119]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Consistent with Section 122 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended
(``CERCLA''), 42 U.S.C. 9622(d), and 28 CFR 50.7, notice is hereby
given that on June 28, 2010, the United States lodged a Partial Consent
Decree with El Dorado County, California (the ``County'') in United
States of America v. El Dorado County, California, et al., Civil No. S-
01-1520 MCE GGH (E.D. Cal.), with respect to the Meyers Landfill Site,
located in Meyers, El Dorado County, California (the ``Site'').
On August 3, 2001, Plaintiff United States of America (``United
States''), on behalf of the United States Department of Agriculture,
Forest Service (``Forest Service''), filed a complaint in this matter
pursuant to Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, against
Defendants, El Dorado County, California (the ``County'') and the City
of South Lake Tahoe, California (``the City''). The complaint filed by
the United States seeks recovery of environmental response costs, with
accrued interest, incurred by the Forest Service related to the release
or threatened release and/or disposal of
[[Page 38551]]
hazardous substances at or from the Meyers Landfill Site, a former
municipal waste disposal facility located on National Forest Service
System lands administered by the Lake Tahoe Basin Management Unit of
the Forest Service, and a declaration of the County's and the City's
liability for future response costs incurred by the United States
related to the Site. The County filed a counterclaim for contribution
against the United States as well as a Third Party Complaint for
contribution against a number of third party defendants.
Under the proposed Partial Consent Decree, the County will
implement the Operable Unit One (``OU-1'') remedy, which involves
consolidating the landfill waste and encasing it under an impervious
cap and construction of certain enhanced drainage features around the
cap. The County will also pay $1,651,000 to resolve the United States'
claim for Past Response Costs (as defined in the proposed Partial
Consent Decree) at the Site. In exchange, the County will receive from
the United States a covenant not to sue or to take administrative
action pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C. 9606 and
9607, for the performance of response actions at OU-1 and for the
United States' Past Response Costs and Future Oversight Costs (as
defined in the proposed Partial Consent Decree).
In addition, the proposed Partial Consent Decree resolves the
County's contribution counterclaims against the United States regarding
response costs incurred, or to be incurred, by the County at OU-1,
referred to in the proposed Partial Consent Decree as ``Settling
Defendant Past Response Costs'' and ``Settling Defendant Future OU-1
Response Costs,'' in exchange for a payment of $1,612,349 to the
County. The County, in turn, must deposit that amount into a special
account to fund implementation of the OU-1 remedy.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Partial
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 of America v. El Dorado County, California, et al.,
Civil No. S-01-1520 MCE GGH (E.D. Cal.) (DOJ Ref. No. 90-11-3-06554)
(Partial Consent Decree with El Dorado County).
The Partial Consent Decree may be examined at U.S. Department of
Agriculture, Office of General Counsel, 33 New Montgomery Street, 17th
Floor, San Francisco, CA 94150 (contact Rose Miksovsky, (415) 744-
3158). During the public comment period, the Partial 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 Partial
Consent Decree may also be obtained by mail from the Consent Decree
Library, U.S. Department of Justice, P.O. Box 7611, Washington, D.C.
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 refer to United States of America v. El Dorado County,
California, et al., Civil No. S-01-1520 MCE GGH (E.D. Cal.) (DOJ Ref.
No. 90-11-3-06554) (Partial Consent Decree with El Dorado County), and
enclose a check in the amount of $66.50 (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 Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-16119 Filed 7-1-10; 8:45 am]
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