[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Page 49948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20079]
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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 August 6, 2010, a proposed Consent
Decree in United States v. Conroe Creosoting Company, et al., C.A. No.
4: 10-cv-02810 (S.D. Tex.), was lodged with the United States District
Court for the Southern District of Texas. The Consent Decree resolves
claims of the United States and the State of Texas against the Conroe
Creosoting Company (``Conroe'') for recovery of response costs,
pursuant to Section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(a), and Section 361.197
of the Texas Solid Waste Disposal Act, Tex. Health & Safety Code Sec.
361.197. Between 1946 and 1997 Conroe operated a wood-treating facility
at the Conroe Creosoting Site, located in Montgomery County, Texas. As
a result of these activities, the Site became contaminated with various
hazardous substances. The United States and the State incurred response
costs in connection with cleaning up the Site. In addition, pursuant to
28 U.S.C. 3304, 3306, and the Texas Uniform Fraudulent Transfer Act,
Tex. Bus. Com. Code Sec. 24.001, et seq., the Consent Decree resolves
the United States' and the State's claims against Conroe and persons to
whom some of Conroe's assets were improperly paid or transferred. The
United States and the State contend that these payments or transfers
were made or allowed by Conroe as a means of Conroe avoiding paying a
debt (response costs) owed to the United States and the State.
Under the Consent Decree, defendant Conroe and the other persons
named in the Complaint will make a $200,000 cash payment to the United
States and the State in partial reimbursement of response costs
incurred by the United States and the State. In addition, Conroe has
agreed to sell several parcels of land its own, including the property
constituting the Site, and to pay the proceeds therefrom to the United
States and the State. Finally, Conroe has agreed to determine whether
any insurance policies it has had over the years provide for recovery
of response costs, to pursue claims under any applicable policies, and
to pay any proceeds recovered through such policies to the United
States and the State in accordance with the provisions of the Consent
Decree.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decree. Comments should be addressed to the Acting 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 v. Conroe Creosoting Company, et al., DOJ Reference
No. 90-11-3-08937.
The Consent Decree may be examined at the Office of the United
States Attorney, 515 Rusk Avenue, Suite 1102, Houston, Texas, and at
U.S. EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202.
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. In requesting a copy of the Consent Decree from
the Consent Decree Library, please enclose a check in the amount of
$14.50 (25 cents per page production costs) for a copy of the Consent
Decree without the exhibits thereto, or $25.50 with all exhibits
thereto. Make the check payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in the required amount to the Consent Decree
Library at the stated address.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010-20079 Filed 8-13-10; 8:45 am]
BILLING CODE 4410-15-P