2011-17178. Notice of Lodging of Consent Decrees

Notice is hereby given that on July 1, 2011, two proposed Consent Decrees were lodged with the United States District Court for the Central District of California. The Consent Decrees were lodged in the case United States et al. v. Seachrome Corporation, Civil Action No. 11-0382 (C.D. Cal.) (consolidated with, inter alia, Civil Action No. 02-4565 (C.D. Cal.)).

The United States of America (“United States”), on behalf of the Administrator of the United States Environmental Protection Agency (“EPA”), and the California Department of Toxic Substances Control (“Department”) filed a complaint pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. 9607, seeking reimbursement of response costs incurred or to be incurred for response actions taken in connection with the release or threatened release of hazardous substances at the South El Monte Operable Unit of the San Gabriel Valley Area 1 Superfund Site in South El Monte, Los Angeles County, California (the “South El Monte O.U.”). The United States' and Department's suit was consolidated with existing lawsuits also related to the South El Monte O.U.

Under the first proposed Consent Decree, Aerojet-General Corp., a potentially responsible party with respect to the South El Monte O.U., will pay a total of about $6.8 million to the United States, the Department, and certain plaintiffs in the consolidated lawsuits. Under the second Consent Decree, Mammoet Western, Inc., Time Realty Investments, and Tonks Properties, potentially responsible parties with respect to the South El Monte O.U., will collectively pay a total of $545,000 to EPA and certain plaintiffs in the consolidated lawsuits. In exchange for the payments, the plaintiffs covenant not to sue each settling defendant under Section 106 or 107 of CERCLA.

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 Decrees. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to [e-mail] or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to: United States et al. v. Seachrome Corp. (C.D. Cal.), D.J. Ref. 90-11-2-09121/5.

The proposed Consent Decrees may be examined at EPA's Regional Office, 75 Hawthorne Street, San Francisco, California 94105. During the public comment period, the Consent Decrees may also be examined on the following Department of Justice Web site: http://www.usdoj.gov/​enrd/​Consent_​Decrees.html. A copy of the proposed Consent Decrees 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 No. [phone]. In requesting a copy from the Consent Decree Library, please enclose a check payable to the “U.S. Treasury” or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address, in the following amount (25 cents per page reproduction cost): $6.50 for the Aerojet Consent Decree (without attachments) or $8.75 for the Mammoet Consent Decree (without attachments).

Henry S. Friedman,

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