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58470 Federal Register / Vol. 70, No.

193 / Thursday, October 6, 2005 / Notices

the two wing dams, Mormon Island DEPARTMENT OF JUSTICE period, the Consent Decree may also be
Auxiliary Dam, and the eight dikes. examined on the following Department
Retrofitting and increasing the flood Notice of Lodging of Consent Decree of Justice Web site, http://
control capacity of the Folsom Dam and Under the Comprehensive www.usdoj.gov/enrd/open.html. A copy
its appurtenant structures are currently Environmental Response, of the Consent Decree may also be
being studied. Locating and extracting Compensation, and Liability Act obtained by mail from the Consent
adequate borrow materials for Decree Library, P.O. Box 7611, U.S.
Notice is hereby given that on
embankment modifications will be a Department of Justice, Washington, DC
September 19, 2005, a proposed Consent
major component of the project. 20044–7611 or by faxing or e-mailing a
Decree (‘‘Consent Decree’’) in United
Reclamation has determined that an EIS request to Tonia Fleetwood
States v. Eliskim, Inc. et al., Civil Action
is warranted to examine the potential (tonia.fleetwood@usdoj.gov), fax no.
No. 1:05CV2196 was lodged with the
impacts for implementation of the (202) 514–0097, phone confirmation
United States District Court for the
Folsom CAS Project on the natural and number (202) 514–1547. In requesting a
Northern District of Ohio, Eastern
human environment. copy from the Consent Decree Library,
Potential Modification Alternatives to Division. please enclose a check in the amount of
the Folsom Dam and appurtenant In this action, the United States, on
$17.25 (25 cents per page reproduction
structures are being identified to reduce behalf of the United States
cost) payable to the U.S. Treasury.
risks associated with: Environmental Protection Agency
1. Major Flood Events (‘‘EPA’’), sought to recover response William D. Brighton,
2. Earthquakes costs from Eliskim, Inc. (‘‘Eliskim’’) and Assistant Chief, Environmental Enforcement
3. Seepage and Piping through the City of Geneva, Ohio (‘‘City’’) Section, Environment and Natural Resources
Embankments pursuant to Section 107 of the Division.
Folsom Dam and Embankment Comprehensive Environmental [FR Doc. 05–20041 Filed 10–5–05; 8:45 am]
Hydrologic Alternatives include, but are Response, Compensation, and Liability BILLING CODE 4410–15–M
not limited to: Act (‘‘CERCLA’’), 42 U.S.C. 107. The
1. Embankment Raise Options response costs were incurred in
2. Auxiliary Spillway on the Left response to releases and threatened DEPARTMENT OF JUSTICE
Abutment Options releases of hazardous substances from
Folsom Dam and Embankment the True Temper Sports Superfund Site Amended Notice of Lodging of
Seismic and Static Alternatives include, located in the City of Geneva, Ohio (the Settlement Agreement Pursuant to the
but are not limited to: ‘‘Site’’). The Consent Decree would Federal Insecticide, Fungicide, and
1. Mormon Island Auxiliary Dam require Eliskim and the City to pay Rodenticide Act and the
Seismic Alternatives respectively $56,500 and $12,500 Comprehensive Environmental
2. Concrete Dam Seismic Options toward the response costs incurred by Response, Compensation, and Liability
3. Folsom Dam and Embankment EPA, which are presently estimated to Act
Static Alternatives
be $118,000. The Consent Decree would In accordance with 28 CFR 50.7 and
If special assistance is required at the
resolve Eliskim’s liability for: (1) Past 42 U.S.C. 9622(i), notice is hereby given
scoping meetings, please contact Mr.
Shawn Oliver, Bureau of Reclamation, response costs at the Site; and (2) costs, that on September 13, 2005, a
at (916) 989–7256. Please notify Mr. penalties, and fees pursuant to an Settlement Agreement was lodged with
Oliver as far in advance of the meetings Administrative Order by Consent at the the United States District Court for the
as possible to enable Reclamation to Site. To the extent provided by the District of Puerto Rico in United States
secure the needed services. If a request Consent Decree, certain specified v. Tropical Fruit, S.E., et al., Civil
cannot be honored, the requestor will be benefits of the settlement would also Action No. 97–1442–DRD. On October
notified. extend to Eliskim’s parent corporation, 25, 2001, the Court entered a Consent
Reclamation’s policy is to make American Household, Inc. Finally, the Decree between the United States, on
comments, including names and home Consent Decree would grant the City a behalf of the U.S. Environmental
addresses of respondents, available for de minimis covenant not to sue Protection Agency (‘‘EPA’’), and
public review. Individual respondents pursuant to Section 122(g) of CERCLA, Defendants pursuant to the Federal
may request that we withhold their 42 U.S.C. 9622(g). Insecticide, Fungicide, and Rodenticide
name and/or home address from public The Department of Justice will receive Act (‘‘FIFRA’’), 7 U.S.C. 136 et seq., and
disclosure, which Reclamation will for a period of thirty (30) days from the the Comprehensive Environmental
honor to the extent allowable by law. If date of this publication comments Response, Compensation, and Liability
you wish us to withhold your name relating to the Consent Decree. Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq.,
and/or address, you must state this Comments should be addressed to the with respect to a Farm located in Rural
Assistant Attorney General, Zone Boca, Guayanilla, Puerto Rico. The
prominently at the beginning of your
Environment and Natural Resources Consent Decree required Defendants to
comment. Reclamation will make all
Division, P.O. Box 7611, U.S. pay $35,000 in penalties and CERCLA
submissions from organizations or
Department of Justice, Washington, DC response costs and to comply with
businesses, and from individuals
20044–7611, and should refer to United extensive injunctive relief measures,
identifying themselves as
States v. Eliskim, Inc., et al., No. including the creation of a no-spray
representatives or officials of
1:05CV2196 (N.D. Ohio), D.J. Ref. 90– buffer zone on the northern and a
organizations or businesses, available
11–2–1310/1. portion of the western perimeter of the
for public disclosure in their entirety.
The Consent Decree may be examined Farm which will vary in width up to
Dated: August 25, 2005. at the Office of the United States 173 feet. In December 2004, the United
Michael Nepstad, Attorney, 801 West Superior Avenue, States filed a Motion to Enforce the
Deputy Regional Environmental Officer, Mid- Suite 400, Cleveland, Ohio 44113–1852, Consent Decree and for stipulated
Pacific Region. and at U.S. EPA Region 5, 77 West penalties in that the United States
[FR Doc. 05–20051 Filed 10–5–05; 8:45 am] Jackson Boulevard, 14th Floor, Chicago, alleged that Defendants violated certain
BILLING CODE 4310–MW–P Illinois. During the public comment provisions of the Consent Decree

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