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

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Published

October 10, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69959-69960]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22344]


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DEPARTMENT OF JUSTICE


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

    On September 29, 2023 the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Utah in the lawsuit entitled United States v. Smith and Edwards 
Company, et al., Civil Action No.1:23-cv-00108-HCN.
    The United States filed this lawsuit under section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA''), as amended, 42 U.S.C. 9607, for the recovery of 
costs incurred or to be incurred by the United States in response to 
the release or threatened release of hazardous substances at the Ogden 
Swift Building Superfund Site located in Ogden, Utah (the ``Site''). 
The proposed complaint and consent decree seek to recover, under 
section 107(a) of CERCLA, EPA's unreimbursed response costs in 
connection with an emergency removal action at the Ogden Swift Building 
Superfund Site in Ogden, Utah. The proposed Consent Decree resolves all 
claims in the proposed Complaint against two potentially responsible 
parties, Smith and Edwards (``S&E'') and the Ogden City Redevelopment 
Agency (``RDA'') (collectively, the ``Defendants''), as well as a 
potential counterclaim against the Settling Federal Agencies (comprised 
of the Defense Logistics Agency, DLA Disposition Services, the 
Department of the Army, the Department of the Navy and the Department 
of the Air Force).
    Under the proposed Consent Decree, S&E will pay $2,290,065 and RDA 
will pay $300,000. The Settling Federal Agencies will pay $2,290,065 to 
resolve a potential counterclaim against the United States. Together, 
these amounts represent approximately 96% of EPA's unreimbursed 
response costs through June 2022.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 v. Smith and 
Edwards Company, et al., D.J. Ref. No. 90-11-3-12449. 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#39494c5b5a5654545c574d145c5c4a175c574b5d794c4a5d5653175e564f"><span class="__cf_email__" data-cfemail="dbabaeb9b8b4b6b6beb5aff6bebea8f5beb5a9bf9baea8bfb4b1f5bcb4ad">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
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    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 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 $8.25 (25 cents per page

[[Page 69960]]

reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-22344 Filed 10-6-23; 8:45 am]
BILLING CODE 4410-15-P


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