2019-14514. Notice of Lodging of Proposed Modification to Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

On June 24, 2019, the Department of Justice lodged a proposed Second Joint Stipulation to Modify Consent Decree with the United States District Court for the Central District of California in the lawsuit entitled United States and the State of California v. ITT LLC, et al., Civil Action No. 2:99-cv-00552.

In 1999, the United States and the State of California Department of Toxic Substances Control filed a lawsuit against numerous parties under the Comprehensive Environmental Response, Compensation, and Liability Act in connection with groundwater contamination at the Glendale North and South Operable Units of the San Fernando Valley (Area 2) Superfund Site in and around Glendale, California. The complaint sought reimbursement of response costs and the performance of response actions by the defendants. In 2000, a consent decree settling the case was entered by the court. Pursuant to the consent decree, certain settling defendants (referred to in the consent decree as “Settling Work Defendants”) have been performing response actions at the site in coordination with the City of Glendale.

The proposed Second Joint Stipulation provides that (1) the Settling Work Defendants will not request a Certificate of Completion regarding the work before November 30, 2024, and they and the City of Glendale shall continue to perform their respective actions until at least November 30, 2024, and (2) the Settling Work Defendants agree to pay to the U.S. Environmental Protection Agency (EPA) their allocated share of “Basin-Wide Future Response Costs” (as that term is defined in the consent decree) paid by EPA on or after October 1, 2016.

The publication of this notice opens a period for public comment on the Second Joint Stipulation to Modify Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and the State of California v. ITT LLC, et al., D.J. Ref. No. 90-11-2-442A. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

To submit comments:	Send them to:
By email	[e-mail]
By mail	Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

During the public comment period, the Second Joint Stipulation to Modify Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/​enrd/​consent-decrees. We will provide a paper copy of the Second Joint Stipulation to Modify Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

Please enclose a check or money order for $6.00 (25 cents per page reproduction cost) payable to the United States Treasury.

Henry S. Friedman,

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