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Federal Register: June 23, 2005
[Federal Register: June 23, 2005 (Volume 70, Number 120)]
[Notices]
[Page 36408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn05-63]
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
In accordance with CERCLA Section 122(d)(2), 42 U.S.C. 9622(d)(2), and Departmental policy in 28 CFR 50.7, notice is hereby given that on June 14, 2005, a proposed Consent Decree in United States v. National Railroad Passenger Corporation, et al., Consolidated Civil Action Nos. 86-1094, 92-6119, 99-4835, was lodged with the United States District Court for the Eastern District of Pennsylvania.
In this action, the United States sought: recovery of environmental response costs incurred and to be incurred by the United States, all in connection with the Paoli Railyard Superfund Site, located in Paoli, PA (``Site''). The Consent Decree requires settling defendant Penn Central Corporation, now known as American Premier Underwriters, Inc., to: (1) Pay the United States the sum of $5.9 million for response costs incurred, (2) pay the U.S. Environmental Protection Agency future costs in an amount not to exceed $37,500 annually, and (3) pay the U.S. Department of Interior the sum of $500,000 in settlement of natural resource damages claims.
Under the Consent Decree, defendants will implement the remedial measures required under the terms of the Consent Decree to address groundwater contamination. The Consent Decree provides, inter alia, that defendants will initially address groundwater contamination at the Site by implementing a technology known as in-situ chemical oxidation (``ISCO''), which is described in the Consent Decree and an attachment thereto. Defendants will implement other specified remedial measures, if EPA determines after a period of implementation that the ISCO has failed or will fail. In addition, defendants will pay EPA's unreimbursed past response costs in the amount of $252,254 and will pay future costs incurred by EPA in connection with 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, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to U.S. v. APU, et al., D.J. Ref.
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 tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.50 for the Consent Decree (25 cents per page reproduction cost) payable to the U.S. Treasury.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
[FR Doc. 05-12389 Filed 6-22-05; 8:45 am]
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