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48590 Federal Register / Vol. 70, No.

159 / Thursday, August 18, 2005 / Notices

(tonia.fleetwood@usdoj.gov), fax no. Consent Decree. Comments should be The Department of Justice will receive
(202) 514–0097, phone confirmation addressed to the U.S. Department of comments relating to the proposed
number (202) 514–1547. In requesting a Justice, Assistant Attorney General, Consent Decree for a period of thirty
copy from the Consent Decree Library, Environment and Natural Resources (30) days from the date of this
please enclose a check in the amount of Division, P.O. Box 7611, Ben Franklin publication. Comments should be
$7.00 (25 cents per page reproduction Station, Washington, DC 20044–7611, addressed to the Acting Assistant
cost), payable to the U.S. Treasury. and should refer to United States v. Del Attorney General, Environment and
Monte Fresh Produce (Hawaii), Inc., DOJ Natural Resources Division, P.O. Box
W. Benjamin Fisherow,
Ref. 90–11–3–08277. 7611, U.S. Department of Justice,
Deputy Section Chief, Environmental
The proposed Consent Decree may be Washington, DC 20044 and should refer
Enforcement Section, Environment and
Natural Resources Division. examined during the public comment to United States et al. v. Wellsford, Inc.,
period on the following United States DJ No. 90–11–2–902/2.
[FR Doc. 05–16346 Filed 8–17–05; 8:45 am]
Department of Justice Web site: http:// The proposed Consent Decree may be
BILLING CODE 4410–15–M
www.usdoj.gov/enrd/open.html. A copy examined at the office of the United
of the Consent Decree may also be States Attorney for the District of
obtained by mail from the Consent Pennsylvania, 615 Chestnut Street, Suite
DEPARTMENT OF JUSTICE
Decree Library, U.S. Department of 1250, Philadelphia, PA 19106–4476,
Notice of Lodging of Consent Decree Justice, P.O. Box 7611, Ben Franklin and at the Region 3 Office of the
Pursuant to the Comprehensive Station, Washington, DC 20044–7611, or Environmental Protection Agency, 1650
Environmental Response, by faxing or E-mailing a request to Tonia Arch Street, Philadelphia, PA 19103.
Compensation, and Liability Act Fleetwood (tonia.fleetwood@usdoj.gov), During the public comment period, the
fax number (202) 514–0097, phone decree may also be examined on the
Pursuant to Section 122(d)(2) of the following Department of Justice Web
Comprehensive Environmental confirmation number (202) 514–1547.
When requesting a copy from the site, http://www.usdoj.gov/enrd/
Response, Compensation, and Liability open.html. A copy of the decree may
Act (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2), Consent Decree Library, please enclose
a check, payable to the U.S. Treasury, in also be obtained by mail from the
and 28 CFR 50.7, notice is hereby given Consent Decree Library, P.O. Box 7611,
that a proposed Consent Decree the amount of $24.25 ($.25 per page
U.S. Department of Justice, Washington,
embodying a settlement in United States reproduction cost).
DC 20044–7611, or by faxing or e-
v. Del Monte Fresh Produce (Hawaii), Ellen Mahan, mailing a request to Tonia Fleetwood
Inc., Civil Action No. 05–0049 5, was Assistant Section Chief, Environmental (tonia.fleetwood@usdoj.gov), fax no.
lodged on August 4, 2005, with the Enforcement Section, Environment and (202) 514–0097, phone confirmation
United States District Court for the Natural Resources Division. number (202) 514–1547. In requesting a
District of Hawaii. [FR Doc. 05–16345 Filed 8–17–05; 8:45 am] copy from the Consent Decree Library,
In a Complaint filed concurrently BILLING CODE 4410–15–M please enclose a check in the amount of
with the lodging of the Consent Decree, $11.00 (25 cents per page reproduction
the United States seeks reimbursement cost) payable to the U.S. Treasury. The
of costs incurred by the United States DEPARTMENT OF JUSTICE check should refer to United States et al.
and injunctive relief relating to the Del v. Wellsford, Inc., DJ No. 90–11–2–902/
Monte Fresh Produce (Hawaii), Inc., site Notice of Lodging of a Consent Decree 2.
located in Oahu, Hawaii (‘‘Site’’). The Pursuant to the Comprehensive
United States alleges in the Complaint Environmental Response, Robert D. Brook,
that the defendant, Del Monte Fresh Compensation and Liability Act Assistant Section Chief, Environmental
Produce (Hawaii), Inc. (‘‘DMFP’’), Enforcement Section, Environment and
Notice is hereby given that a proposed Natural Resources Division.
operated the Site and disposed or
arranged to dispose of hazardous consent Decree in United States of [FR Doc. 05–16347 Filed 8–17–05; 8:45 am]
substances at the Site within the America v. Wellsford, Civ. Action No. BILLING CODE 4410–15–M

meaning of Sections 107(a)(1), (2), and 05–4158 was lodged on August 4, 2005,
(3) of CERCLA, 42 U.S.C. 9607(a)(1), (2), with the United States District Court for
and (3). the Eastern District of Pennsylvania. DEPARTMENT OF JUSTICE
Under the proposed Consent Decree, In the Complaint filed in this matter,
DMFP has agreed to fund and perform the United States alleges that Wellsford, Antitrust Division
response actions at the Site. The Inc. (‘‘Wellsford’’) is liable for response
United States v. Waste Industries USA,
Consent Decree requires DMFP to, costs pursuant to Section 107 of the
Inc.; Proposed Final Judgment and
among other things, install monitoring Comprehensive Environmental
Competitive Impact Statement
wells to characterize the extent of Response, Compensation and Liability
contaminated groundwater; pump and Act (‘‘CERCLA’’), 42 U.S.C. 9607 for its Notice is hereby given, pursuant to
treat contaminated groundwater; involvement with the Recticon/Allied the Antitrust Procedures and Penalties
implement phytoremediation; place a Steel (‘‘Site’’) in Parkerford, Act, 15 U.S.C. 16(b)–(h), that a
vegetated soil covering or cap over the Pennsylvania. The proposed Consent Complaint, proposed Final Judgment,
contaminated soil area; install a soil Decree would resolve the United States’ Stipulation, and Competitive Impact
vapor extraction system; and restrict claims set forth in the Complaint Statement were filed with the United
land use. The Consent Decree also through the payment of $20,000, an States District Court for the Eastern
requires DMFP to reimburse the Untied agreement by Wellsford to exercise due District of Virginia in United States v.
States for its costs. care and not exacerbate existing Waste Industries USA, Inc., Civ. Action
The United States Department of contamination, and the filing of deed No. 2:05CV468. On August 8, 2005, the
Justice will receive, for a period of 30 restrictions that provide EPA and its United States filed a Complaint, which
days from the date of this publication, representative access to property and sought to compel Waste Industries USA,
comments relating to the proposed protect the remedy. Inc., to divest certain small container

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