04-2320. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Under 28 CFR 50.7, notice is hereby given that on December 22, 2003, a proposed consent decree in United States v. Saunders Supply Company et al., Civ. Action No. 2:03CV889, was lodged with the United States District Court for the Eastern District of Virginia.

Notice of this proposed consent decree was initially published at 69 FR 938 (January 7, 2004). The January 7, 2004 notice erroneously stated that the proposed consent decree was available at the Office of the United States Attorney in Wheeling, WV. It is actually available in the Office of the United States Attorney in Norfolk, VA. The notice of this proposed consent decree is being republished to correct this error.

In this action the United States is seeking response costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9601 et seq., in connection with the Saunders Supply Company, Inc. Site (“Site”) in Chuckatuck, Virginia. The decree will require defendants to pay $380,000.00 in partial reimbursement of the United States' past response costs incurred at the Site.

The Department of Justice will receive for a period of thirty (30) days from the date of this application 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 United States v. Saunders Supply Company et al., D.J. Ref. No. 90-11-3-07774.

The proposed consent decree may be examined at the Office of the United States Attorney, Eastern District of Virginia, 8000 World Trade Center, 1010 East Main St., Norfolk, VA 23510, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103. During the public comment period, the proposed consent decree, may also be examined on the following Department of Justice Web site, http://www.usdoj/​gov/​enrd/​open.html. A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Libary, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ([e-mail]), fax no. [phone], phone confirmation number [phone].

In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $8.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Exhibits to the consent decree may be obtained for an additional charge.

Robert Brook,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.