[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Page 2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-463]
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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 January 5, 2011, the United States lodged a Consent
Decree with Seven Out, LLC and BCX, Inc. (``Settling Defendants'') in
United States of America v. Seven Out LLC, and BCX, Inc., Case No.
3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.), with respect to the BCX
Tank Superfund Site, located at 1903 East Adams Street, Jacksonville,
Duval County, Florida (the ``Site'').
On January 4, 2011, Plaintiff United States of America (``United
States''), on behalf of the United States Environmental Protection
Agency (``EPA'') filed a complaint in this matter against defendants
Seven Out, LLC and BCX, Inc, pursuant to CERCLA Section 107, 42 U.S.C.
9607, seeking recovery of environmental response costs incurred by EPA
related to the release or threatened release or disposal of hazardous
substances at or from the Site.
Financial information provided by the Settling Defendants indicated
an inability to pay. However, pursuant to the Consent Decree, the
United States will receive a payment from the Defendant's insurer in
the amount of $350,000. Under the proposed Consent Decree, the United
States, will also receive the Net Proceeds of the sale of the Site
property. In exchange, the proposed Consent Decree provides Settling
Defendants with a covenant not to sue and contribution protection with
respect to 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 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. Seven Out LLC, and BCX, Inc., Case No.
3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.) (DOJ Ref. No. 90-11-3-
09152). The Consent Decree may be examined at U.S. Environmental
Protection Agency, Office of Regional Counsel, EPA Region 4, 61 Forsyth
Street, SW., Atlanta, GA 30303-8960 (contact Stacey Haire, (404) 562-
9676). 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, 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. Seven Out LLC, and
BCX, Inc., Case No. 3:11-cv-0009-UAMH-MCR (U.S.D.C. M.D. Fla.) (DOJ
Ref. No. 90-11-3-09152), and enclose a check in the amount of $8.25 (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.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011-463 Filed 1-11-11; 8:45 am]
BILLING CODE 4410-15-P