Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

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Published

June 9, 2022

Issuing agencies

Justice Department

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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35248-35249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12404]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    On June 3, 2022, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Delaware in the lawsuit entitled United States and the State of 
Delaware v. Hercules LLC, et al., Civil Action No. 1:22-cv-00731-UNA.
    The United States and the State of Delaware filed this lawsuit 
under the Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA). The complaint names 22 companies as defendants 
in connection with the alleged releases of hazardous substances at the 
Delaware Sand and Gravel Superfund Site (the ``Site) in New Castle, 
Delaware. Under the consent decree, a group of defendants will perform 
the remedial action that EPA selected for the Site at an estimated cost 
of $46.1 million. The defendants will also pay all EPA future response 
costs after the first $800,000, which is the amount of a credit allowed 
defendants consistent with EPA's Orphan Share Policy, which reflects 
the fact that some otherwise liable parties at the Site are now 
defunct. In return, the United States and Delaware agree not to sue the 
defendants under sections 106 and 107 of CERCLA or under section 7003 
of the Resource Conservation and Recovery Act.
    The publication of this notice opens a period for public comment on 
the 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 Delaware v. Hercules 
LLC, et al., D.J. Ref. No. 90-11-2-298/1. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#2a5a5f48494547474f445e074f4f59044f44584e6a5f594e4540044d455c"><span class="__cf_email__" data-cfemail="49393c2b2a2624242c273d642c2c3a672c273b2d093c3a2d2623672e263f">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the consent decree without the exhibits 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.

[[Page 35249]]

    Please enclose a check or money order for $18.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-12404 Filed 6-8-22; 8:45 am]
BILLING CODE 4410-15-P


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