04-5418. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

In accordance with 28 U.S.C. 50.7 and section 122 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9622, notice is hereby given that on March 2, 2004, a proposed Consent Decree in the consolidated actions of United States v. Marvin Mahan, et al., C.A. No. 00CV4953 (WHW) and United States v. Transtech Industries, Inc., C.A. No. 01-5398 (WHW), was lodged with the United States District Court for the District of New Jersey.

In these consolidated actions in the United States, on behalf of the United States Department of the U.S. Environmental Protection Agency (“EPA”), seeks reimbursement of certain response costs incurred and to be incurred in connection with response actions at the Chemsol, Inc. Superfund Site, located in Piscataway, New Jersey (the “Site”). The Complaints allege that defendants Marvin Mahan, Tang Realty, Inc., and Transtech Industries, Inc., are liable under section 107(a) of CERCLA, 42 U.S.C. 9607(a). Pursuant to the Consent Decree, the defendants will reimburse, on an ability to pay basis, the plaintiff United States for certain response costs incurred and to be incurred by the plaintiff in remediating 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 United States v. Marvin Mahan, et al., D.J. Ref. 90-11-3-06104/1&2.

The Consent Decree may be examined at the Office of the United States Attorney for the District of New Jersey, 970 Broad Street, Room 400, Newark, New Jersey 07102, and at the offices of EPA Region II,290 Broadway, New York, New York 10007. 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/​open.html. 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 ([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 $12.00 (25 cents per page reproduction cost), payable to the U.S. Treasury.

Robert Gluck,

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