[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Notices]
[Pages 35227-35228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16487]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Clean Air Act
In accordance with 28 CFR 50.7, notice is hereby given that on June
16, 1995, a proposed consent decree in United States of America v.
Anthony Dell'Aquila Enterprises and Subsidiaries, et al., Civil Action
No. 88-3232 (JCL), was lodged with the United States District Court for
the District of New Jersey. The United States' complaint sought
injunctive relief and civil penalties under the Clean Air Act (``CCA'')
against Anthony Dell'Aquila Enterprises and Subsidiaries
(``Dell'Aquila''), Harry Grant, and Sandalwood Construction Company in
regard to violations of the National Emission Standards for Hazardous
Air Pollutants for asbestos (``asbestos NESHAP'') at a facility owned
by Dell'Aquila in Hoboken, New Jersey (``Dell'Aquila site''). The
consent decree is signed on behalf of Dell'Aquila and the Trustee of
the bankruptcy estate in a bankruptcy proceeding that was initiated by
Dell'Aquila in 1990, In re Dell'Aquila, Case No. 90-21873 (Bankr.
N.J.). The consent decree does not address the liability of Harry Grant
or Sandalwood Construction Company, and the complaint against those
defendants remains pending.
The consent decree provides that the Trustee, on behalf of
Dell'Aquila, shall pay from the bankruptcy estate a civil penalty of
$400,000, as an administrative expense, to the United States upon the
effective date of a plan of reorganization or liquidation in the
bankruptcy proceeding. The consent decree also provides, inter alia,
that both Dell'Aquila and the Trustee shall conduct all demolition or
renovation operations at the Dell'Aquila site in compliance with the
asbestos NASHAP and that Dell'Aquila, prior to commencing any
demolition or renovation operation at any facility for which he is an
owner or operator, shall hire an accredited building inspector who will
complete a thorough asbestos identification survey for the presence of
asbestos containing material and will provide a copy of the survey to
the U.S. Environmental Protection Agency (``EPA'').
The Department of Justice will receive comments relating to the
proposed consent decree for a period of thirty (30)
[[Page 35228]]
days from the date of this publication. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, Department of Justice, Washington, DC 20530, and should refer
to United States v. Anthony Dell'Aquila Enterprises and Subsidiaries,
et al., D.J. Ref. 90-5-2-1-1288.
The proposed consent decree may be examined at the office of the
United States Attorney, 970 Broad St., Room 502, Newark, N.J. 07102 and
at the Region II office of the Environmental Protection Agency, 290
Broadway, New York, New York 10007. The proposed consent decree may
also be examined at the Consent Decree Library, 1120 G. St., NW., 4th
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, 1120 G. St., NW., 4th Floor, Washington, DC. 20005. In
requesting a copy, please enclose a check in the amount of $5.00 (25
cents per page reproduction cost) payable to the ``Consent Decree
Library.''
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. 95-16487 Filed 7-5-95; 8:45 am]
BILLING CODE 4410-01-M
