99-6234. Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Notices]
[Pages 12819-12820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6234]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    In accordance with Department of Justice policy, 28 CFR 50.7, 
notice is hereby given that a proposed consent decree in the action 
entitled United States of America v. Agway, Inc., et. al., Civil Action 
No. 99-CV-0227 (NAM/GJD) (N.D.N.Y.), was lodged on February 18, 1999 
with the United States District Court for the Northern District of New 
York. The proposed consent decree resolves claims of the United States, 
on behalf of the U.S. Environmental Protection Agency, under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended, 42 U.S.C. 9601-9675, against defendants Agway, 
Inc., BMC Industries, Inc., Cooper Industries, Inc., Elf Atochem North 
America Inc., Keystone Consolidated Industries, Inc., Mack Trucks, 
Inc., Monarch Machine Tool Co., New York State Electric & Gas Corp., 
Niagara Mohawk Power Corp., Overhead Door Corp., Pall Corp., Potter 
Paint Co., Inc., Raymond Corp., Redding-Hunter, Inc., and Wilson 
Sporting Goods Co. These claims are for injunctive relief and recovery 
of response costs incurred and to be incurred by the United States with 
respect to the Rosen Brothers Superfund Site (``Site''), located in 
Cortland, New York.
    Under the terms of the proposed consent decree, the defendants will 
compensate the United States in the amount of $810,927.52 for its 
incurred costs with respect to the Site, and will also reimburse the 
United States for all of its future response costs with respect to the 
Site in excess of $200,000. By the terms of the proposed consent 
decree, defendants Agway, Inc., BMC Industries, Inc., Elf Atochem North 
America Inc., Mack Trucks, Inc., New York State Electric & Gas Corp., 
Pall Corp., Raymond Corp., and Wilson Sporting Goods Co. will also 
perform the remedy specified by the U.S. Environmental Protection 
Agency for cleanup of 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, Environment and Natural Resources Division, U.S. 
Department of Justice, Washington, DC 20530, and

[[Page 12820]]

should refer to United States v. Agway, Inc., et al., Civil Action No. 
99-CV-0227 (NAM/GJD) (N.D.N.Y.), DOJ Ref. No. 90-11-3-254B.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 445 Broadway, Room 231, Albany, New York 12207; 
the Region II Office of the Environmental Protection Agency, 290 
Broadway, New York, New York 10007-1866; and the Consent Decree 
Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, telephone 
[phone]. 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 in the 
amount of $114.25 (25 cents per page reproduction costs for the Decree 
and appendices) made payable to Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, Department of Justice.
[FR Doc. 99-6234 Filed 3-12-99; 8:45 am]
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