36826 Federal Register / Vol. 71, No.
124 / Wednesday, June 28, 2006 / Notices
Co., Civil Action No. 98–CV–73252
(E.D. Mich.), was lodged with the
United States District Court for the
Eastern District of Michigan on June 22,
2006.
This proposed Consent Decree
concerns a complaint filed by the
United States against Bay-Houston
Towing Co. (‘‘Bay-Houston’’), pursuant
to sections 301(a), 309(b), 309(d), and
404 of the Clean Water Act (‘‘CWA’’), 33
U.S.C. 1319(b), 1319(d), and 1344, to
obtain injunctive relief from and impose
civil penalties against the Defendant for
violating the Clean Water Act by
discharging pollutants without a permit
into waters of the United States, at a
location known as the ‘‘Minden Bog,’’ in
Sanilac County, Michigan, and for
failing to comply with an administrative
compliance order issued to Bay-Houston
by the United States Environmental
Protection Agency. The proposed
Consent Decree resolves these
allegations by permanently enjoining
Bay-Houston from discharging
pollutants at the Minden Bog except in
accordance with CWA section 404
permit recently tendered to Bay-
Houston by the United States Army
Corps of Engineers (‘‘Corps’’). The
permit also requires Bay-Houston, inter
alia, to restore the majority of the bog
affected by peat mining; to immediately
donate 1,182 acres of presently
undisturbed peatlands to the Michigan
Department of Natural Resources
(‘‘MDNR’’); and to donate remaining
peatlands (approximately 1,641 acres) to
the MDNR once peat mining is
complete.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Joshua M. Levin, Senior Attorney, U.S.
Department of Justice, Environment and
Natural Resources Division,
Environmental Defense Section, P.O.
Box 23986, Washington, DC 20026–
3986, and refer to United States v. Bay-
Houston Towing Co., DJ #95–5–1–1–
4519.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the Eastern
District of Michigan, at the following
address: 5th Floor, Theodore Levin
United States Courthouse, 231 West
jlentini on PROD1PC65 with NOTICES
Lafayette Boulevard, Detroit, MI 48226.
In addition, the proposed Consent
VerDate Aug<31>2005 16:52 Jun 27, 2006 Jkt 208001
Decree may be viewed at http://
www.usdoj.gov/enrd/open.html.
Scott A. Schachter,
Assistant Chief, Environmental Defense
Section, Environment and Natural Resources
Division.
[FR Doc. 06–5764 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Comprehensive
Environmental Response,
Compensation, and Liability Act
In accordance with Departmental
policy, 28 CFR 50.7, notice is hereby
given that a proposed consent decree in
United States v. The Gillette Company,
Civil Action No. C06–1016, was lodged
on June 8, 2006 with the United States
District Court for the Northern District
of Iowa. This consent decree requires
the defendants to pay EPA Hazardous
Substance Superfund $750,000 in
reimbursement of past response costs.
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, Environmental and Natural
Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. The Gillette Company, DOJ Ref.
90–11–2–08217.
The proposed consent decree may be
examined at the office of the United
States Attorney, 401 1st Street SE., Suite
400, Cedar Rapids, IA 52401–4950 and
at U.S. EPA Region 7, 901 N. 5th Street,
Kansas City, KS 66101. During the
comment period, the consent decree
may be examined on the following
Department of Justice Web site, http://
www.usdoj.gov/enrd/open.html. Copies
of the consent decree also may 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
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy, please enclose a check in the
amount of $3.75 (without attachment) or
$6.25 (with attachments) for United
States v. The Gillette Company, (25
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cents per page reproduction cost)
payable to the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section.
[FR Doc. 06–5770 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Between the United States of America
and Donald Boatright Under CERCLA
Under 28 CFR 50.7, notice is hereby
given that on June 6, 2006, a proposed
Consent Decree (‘‘Consent Decree’’) with
Defendant Donald Boatright in United
States v. Donald E. Horne, et al., Civil
Action No. 05–497, has been lodged
with the United States District Court for
the Western District of Missouri.
This Consent Decree resolves the
United States’ pending claims against
Donald Boatright under section 107 of
CERCLA 42 U.S.C. 9607 at the Armour
Road Superfund Site in North Kansas
City, Missouri. Under the terms of that
decree, Mr. Boatright shall pay to the
United States $175,000.
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. Donald E. Horne, et al., Civil
Action No. 05–497, D.J. Ref. 90–11–3–
08035/1.
The Consent Decree may be examined
at the Office of the United States
Attorney, Western District of Missouri,
Charles Evans Whittaker Courthouse,
400 East Ninth Street, Room 5510,
Kansas City, Missouri 64106. During the
public comment period, the Consent
Decree may 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 (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $4.50 (25 cents per
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 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
page reproduction cost) payable to the
United States Treasury for payment.
Robert Maher,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–5766 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
The United States Department of
Justice is re-issuing this notice because
of a typographical error in the original
notice, which was published on June 7,
2006 (71 FR 33001). The original notice
mis-stated the amount to be paid by PPG
Industries, Inc. under one of the two
proposed consent decrees. This
republication does not alter the public
comment period, which remains a
thirty-day period beginning June 7,
2006.
Under 42 U.S.C. 9622(d)(2),
9622(g)(12) and 28 CFR 50.7, notice is
hereby given that on May 26, 2006, two
proposed Consent Decrees in United
States v. Industrial Excess Landfill, Inc.,
Civil Action Number 5:89–CV–1988
(consolidated with State of Ohio v.
Industrial Excess Landfill, Inc., Civil
Action Number 5:91–CV–2559), were
lodged with the United States District
Court for the Northern District of Ohio.
The first Consent Decree resolves
claims against PPG Industries, Inc.
(‘‘PPG’’), brought by the United States
on behalf of the Environmental
Protection Agency (‘‘EPA’’) under
section 107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), 42 U.S.C. 9607, for
response costs incurred and to be
incurred by the United States in
responding to the release and threatened
release of hazardous substances at the
Industrial Excess Landfill Superfund
Site (‘‘Site’’) in Uniontown, Ohio. Under
its Consent Decree, PPG will pay the
United States $752,500 in
reimbursement of response costs.
The second Consent Decree resolves
claims against Morgan Adhesives Co.
(‘‘Morgan’’), brought by the United
States on behalf of the Environmental
Protection Agency under section 107 of
CERCLA, 42 U.S.C. 9607, for response
jlentini on PROD1PC65 with NOTICES
costs incurred and to be incurred by the
United States in responding to the
release and threatened release of
hazardous substances at the Site, as well
as CERCLA and other claims related to
VerDate Aug<31>2005 16:52 Jun 27, 2006 Jkt 208001
the Site brought against Morgan by the
State of Ohio. Under its Consent Decree,
Morgan will pay the United States
$334,016 in reimbursement of response
costs and will pay the State of Ohio
$15,984 in reimbursement of response
costs.
Both Consent Decrees are de minimis
settlements pursuant to section
122(g)(1)(A) of CERCLA, 42 U.S.C.
9622(g)(1)(A). Under the respective
Consent Decree, the United States
covenants not to sue PPG, and the
United States and the State of Ohio
covenant not to sue Morgan, regarding
the Site, subject to reservations of rights
should information be discovered which
indicates that a settling defendant no
longer qualifies as a de minimis party,
as well as reservations commonly
included in CERCLA settlements of all
rights with respect to certain other
claims.
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. Industrial Excess Landfill, Inc.,
DOJ Ref. #90–11–3–247/2.
Each Consent Decree may be
examined at the Office of the United
States Attorney, Northern District of
Ohio, 801 West Superior Avenue, Suite
400, Cleveland, Ohio 44113, and the
Region 5 Office of the Environmental
Protection Agency, 77 W. Jackson Blvd.,
Chicago, Illinois 60604. During the
public comment period, each Consent
Decree may also be examined on the
following Department of Justice Web
site: http://www.usdoj.gov/enrd/
open.html.
A copy of each 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,
tonia.fleetwood@usdoj.gov, Fax No.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree library,
please specify whether requesting the
PPG Consent Decree, the Morgan
Consent Decree, or both, and please
enclose a check payable to the U.S.
Treasury in the amount of $5.50 for the
PPG Consent Decree, $6.25 for the
Morgan Consent Decree, or $11.75 for
PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM
36827
both Consent Decrees (for reproduction
costs of 25 cents per page).
William D. Brighton,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–5769 Filed 6–27–06; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
Notice of Lodging of Stipulation of
Settlement and Judgment under the
Resource Conservation and Recovery
Act, Clean Air Act, Clean Water Act,
and the Comprehensive Environmental
Response, Compensation, and Liability
Act
Under 28 CFR 50.7, notice is hereby
given that on June 6, 2006, a proposed
Stipulation of Settlement and Judgment
in United States et al., v. Marine Shale
Processors, Inc., et al., Civil Action No.
90–1240 was lodged with the United
States District Court for the Western
District of Louisiana.
In this action the United States and
the Louisiana Department of
Environmental Quality (‘‘LDEQ’’) sought
civil penalties and injunctive relief
under section 3008(a) of the Resource
Conservation and Recovery Act
(‘‘RCRA’’); civil penalties under section
113(b) of the Clean Air Act and section
309(b) of the Clean Water Act; and
reimbursement for response costs
incurred or to be incurred under section
107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’) regarding contaminated
facilities owned and operated by Marine
Shale Processors, Inc. (‘‘Marine Shale’’)
and Recycling Park Inc. (‘‘Recycling
Park’’) located in Amelia, Louisiana. 33
U.S.C. 1319(b), 42 U.S.C. 6928(a),
7413(b), 9607.
Under the proposed Stipulation of
Settlement and Judgment, the Court will
center a $6.2 million judgment for
penalties, in favor of the United States
and LDEQ, against Marine Shale and
Recycling Park. A separate $6.2 million
in proceeds from Marine Shale will be
transferred to LDEQ for the closure and
remediation of the contamination at the
Marine Shale and Recycling Park
facilities. An additional $850,000 letter
of credit posted by Marine Shale will
also be transferred to LDEQ and used for
the cleanup of the Marine Shale and
Recycling Park facilities. In addition,
Marine Shale, Recycling Park, and John
Kent, Sr., the owner of the two
companies, are prohibited from owning
or controlling a majority interest in or
participating in the management of any
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