[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Pages 4106-4107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1451]
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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 19, 2010, a proposed Amended
Consent Decree in United States of America v. Stauffer Management
Company LLC (successor by merger to Atkemix Thirty-Seven, Inc.) Civil
Action No. 8:98-cv-01203-T-27TGW was lodged with the United States
District Court for the Middle District of Florida, Tampa Division
(``the Court'').
This case was brought under authority of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9601 et seq. and pertains to the Stauffer Chemical Superfund
Site in Tampa, Hillsborough County, Florida (``the Site''). The Court
entered a Consent Decree on July 23, 1998 (``1998 Decree''), under
which Atkemix Thirty-Seven Inc. (``Atkemix'') agreed to perform the
remedial action at the Site set forth in the Environmental Protection
Agency's (``EPA's'') 1995 Record of Decision (``1995 ROD'') and pay the
government's response costs. However, during the first several years of
1995 ROD implementation, it became clear that, while the groundwater
remedy was cleaning up the groundwater at the Site, the remedy chosen
for the soils and sediments was failing to clean the soils and
sediments up to the required performance standards.
EPA issued an Amended Record of Decision for the soils and
sediments (``2006 ROD'') while continuing to have Atkemix perform the
groundwater cleanup under the 1995 ROD. It then became necessary to
amend the 1998 Decree to include the revised soils and sediment cleanup
under the 2006 ROD and to address other changes such as the name of the
settling defendant. Atkemix merged into Stauffer Management Company LLC
in December 2000. According to the Civil Docket, the Court had closed
this case on July 24, 1998. However, on January 19, 2010, the Court
entered an order granting the motion of the United States to reopen the
case and reassign it. The Amended Consent Decree was filed with the
Motion to Reopen and is deemed lodged as of January 19, 2010.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Amended
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. Stauffer Management Company LLC
(successor by merger to Atkemix Thirty-Seven, Inc.), D.J. Ref. 90-11-2-
1227.
The Amended Consent Decree may be examined at U.S. EPA Region 4, 61
Forsyth Street, SE., Atlanta, GA 30303, ATTN: Elisa Roberts. During the
public comment period, the Amended 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 Amended 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
[[Page 4107]]
$89.25 (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. In requesting a copy
exclusive of appendices, please enclose a check in the amount of $24.25
(25 cents per page reproduction cost) payable to the U.S. Treasury.
Maureen M. Katz,
Assistant Chief, Environmental, Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-1451 Filed 1-25-10; 8:45 am]
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