Lodging of Consent Decree

Federal Register: February 2, 2010 (Volume 75, Number 21)

Notices

Page 5344

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr02fe10-93

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 pubcomment-ees.enrd@usdoj.gov 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

(tonia.fleetwood@usdoj.gov), 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

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