Notice of Lodging of Proposed Consent Judgment Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)

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Published

June 9, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Page 37906]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12294]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Judgment Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'')

    On June 5, 2023, the Department of Justice lodged a proposed 
Consent Judgment with the United States District Court for the Eastern 
District of New York in the lawsuit entitled United States of America 
v. City of New York, Civil Action No. 1:23-CV-4129.
    The United States filed this lawsuit under sections 106(a) and 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9606(a) and 9607(a) in connection 
with the Wolff-Alport Chemical Company Superfund Site (the ``Site'') in 
Ridgewood, Queens County, New York. The complaint seeks injunctive 
relief to remediate radioactive materials on New York City-owned 
property located near the former Wolff-Alport Chemical Company facility 
and cost recovery. The Wolff-Alport Chemical Company's operations 
resulted in the release of residues containing radioactive materials, 
including thorium and uranium along with their decay products, such as 
radium. On September 26, 2017, EPA selected a remedy for the Site.
    The Consent Judgment requires the City of New York to pay the 
United States approximately $1.6 million for past costs incurred by the 
U.S. Environmental Protection Agency related to addressing conditions 
at the New York City-owned property. The Consent Judgment also requires 
the City of New York to fund and perform remedial work on New York 
City-owned property, including the removal of soil and sediments 
exhibiting levels exceeding the remediation goals in the impacted 
sewers and beneath the roadway and sidewalks.
    The publication of this notice opens a period for public comment on 
the proposed Consent Judgment. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States of 
America v. City of New York, Civil Action No. 1:23-CV-4129, D.J. Ref. 
No. 90-11-3-11741/1. 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#9dede8fffef2f0f0f8f3e9b0f8f8eeb3f8f3eff9dde8eef9f2f7b3faf2eb"><span class="__cf_email__" data-cfemail="a2d2d7c0c1cdcfcfc7ccd68fc7c7d18cc7ccd0c6e2d7d1c6cdc88cc5cdd4">[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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    During the public comment period, the Consent Judgment 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 Judgment 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 $93.50 (25 cents per page 
reproduction cost) for the Consent Judgment with appendix, or $10.00 
for the Consent Judgment without the appendix, payable to the United 
States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-12294 Filed 6-8-23; 8:45 am]
BILLING CODE 4410-15-P


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