[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Pages 9612-9613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4310]
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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 February 24, 2010, the United States lodged a Partial
Consent Decree with South Tahoe Refuse Company, Inc. (``STR'') 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
incurred by the Forest Service related to the release or threatened
release and/or disposal of 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, with accrued interest, 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 Third Party Complaint for contribution against a number
of third party defendants, including STR.
Under the proposed Partial Consent Decree STR will pay $1.0
million, which will be deposited into a Forest Service Special account
to fund future response actions at the Site. The amount of the proposed
settlement is based upon financial information provided by STR
indicating a limited ability to pay. In exchange for STR's payment, STR
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, as amended, for the performance of response
actions at Operable Unit One (``OU-1'') at the Site and the United
States' past response costs, interim response costs, and future OU1
response costs at the Site.
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 Acting Assistant
Attorney General, Environment and Natural Resources
[[Page 9613]]
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 STR).
The Partial Consent Decree with STR 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 with STR 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 with STR may also be obtained by
mail from the Consent Decree Library, U.S. Department of Justice, P.O.
Box 7611, 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 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 STR),
and enclose a check in the amount of $6.00 (25 cents per page
reproduction cost) payable to the U.S. Treasury or, if by email 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. 2010-4310 Filed 3-2-10; 8:45 am]
BILLING CODE 4410-15-P