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

Under 28 CFR 50.7 notice is hereby given that on May 13, 2004, a proposed consent decree in United States v. David L. Rieker, Civil Action No. 8:03-CV-647-T-26MAP was lodged with the United States District Court for the Middle District of Florida, Tampa Division.

In this action, brought pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“the Act”), 42 U.S.C. 9607, the United States sought reimbursement for response costs incurred by EPA at the Dave Chemical Removal Action Site (“Site”) located in Tampa, Hillsborough County, Florida, against David L. Rieker, the owner and operator of the Site at the time of disposal. Under the decree, Settling Defendant will make a one-time payment of $100,000, based on his limited ability to pay, to resolve his liability for EPA costs incurred to clean up the Site.

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, 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. David L. Rieker, D.J. Ref. 90-11-3-08032.

The proposed consent decree may be examined at the Office of the United States Attorney, Middle District of Florida, Tampa Division, 400 North Tampa Street, Room 3200, Tampa, Florida 33602, and at U.S. EPA Region IV, Atlanta Federal Building, 61 Forsyth Street, Atlanta, Georgia 30303. During the public comment period, the proposed consent decree may also be examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed consent decree 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 from the Consent Decree Library, please enclose a check in the amount of $5.25 (25 cents per page reproduction cost) payable to the U.S. Treasury.