Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Joel G.

Freeman, et al., Case No. 96 Civ. 2354 (CLB), was lodged on August 31,

1998, in the United States

[[Page 48761]]

District Court for the Southern District of New York.

The Consent Decree resolves the United States' claim, pursuant to

Section 107 of the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. 9607, for response costs

incurred by EPA at the Freeman Industries Superfund Site (the

``Site''), located in the Town of Tuckahoe, Westchester County, New

York. The Consent Decree also resolves the United States' claim,

pursuant to Section 3008 of the Resource Conservation and Recovery Act

(``RCRA''), 42 U.S.C. 6928, for injunctive relief to stop the storage

of hazardous waste at the Site without a permit.

Under the Consent Decree, the United States will receive $400,000

in reimbursement of response costs. In addition, the Consent Decree

provides for the Defendants to finance and perform the clean up of

hazardous waste remaining on 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

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Joel G. Freeman, et al., DOJ Ref. #90-11-2-1082.

The proposed Consent Decree may be examined at the Office of the

United States Attorney in New York City; the Region II Office of the

Environmental Protection Agency, 290 Broadway, New York, New York; and

at the Consent Decree Library, 1120 G Street, NW., 3rd Floor,

Washington, DC 20005, (202) 624-0892. A copy of the proposed Consent

Decree may be obtained in person or by mail from the Consent Decree

Library. In requesting a copy please refer to the referenced case and

enclose a check made payable to the Consent Decree Library in the

amount of $8.00 (25 cents per page reproduction costs).

Walker B. Smith,

Deputy Section Chief,

Environmental Enforcement Section, Environment and Natural Resources

Division, U.S. Department of Justice.

[FR Doc. 98-24448 Filed 9-10-98; 8:45 am]

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