99-2078. Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Notices]
[Pages 4703-4704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2078]


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DEPARTMENT OF JUSTICE


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

    In accordance with Department policy, 28 CFR 50.7, notice is hereby 
given that a proposed Consent Decree in United States and State of 
Vermont v. Bennington Potters, Inc., et al., Civil Action Nos. 2:98-CV-
421 and 2:98-CV-422 was lodged on December 31, 1998, with the United 
States District Court for the District of Vermont.
    The complaint in this action seeks to recover, pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601, et al., response costs incurred and to be 
incurred by EPA at the Bennington Landfill Superfund Site located in 
the Town of Bennington, Vermont (``Site''). The defendants are 
Bennington Potters, Inc., EHH Realty Corp., Graphitek of Vermont, Inc. 
and Lauzon Machine & Engineering, Inc.
    The proposed Consent Decree embodies an agreement with four 
potentially responsible parties (``PRPs'') at the Site pursuant to 
Section 122(g) of CERCLA, 42 U.S.C. 9622(g), to pay $175,000, in 
aggregate, in settlement of claims for past and future response costs 
at the Site and claims for natural resource damages. Of this total, 
$36,750 will be paid to the United States and $138,250 will be paid to 
five parties who are performing a remedial action at the Site. The 
monies paid to the five performing parties will be used to partially 
fund the remedial action and a natural resource damages restoration 
project being performed by the five performing parties.
    The Consent Decree provides the settling defendants with a release 
for civil liability for EPA's and the State of Vermont's (``State's'') 
past and future CERCLA response costs and natural resource damages at 
the Site for resources under the trusteeship of the Secretary of the 
Interior and the Secretary of Commerce, through the National Oceanic 
and Atmospheric Administration, and under the trusteeship of the State.
    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 for 
the Environment and Natural Resources Division, Department of Justice, 
P.O. Box 7611, Ben Franklin Station,

[[Page 4704]]

Washington, D.C. 20044, and should refer to United States and State of 
Vermont v. Bennington Potters, Inc., et al., DOJ Ref. No. 90-11-3-868A/
1.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 11 Elmwood Avenue, Burlington Vermont 05401; 
the Region I Office of the Environmental Protection Agency, Region I 
Records Center, 90 Canal Street, First Floor, Boston, MA 02203; and at 
the Consent Decree Library, 1120 G Street NW, Fourth Floor, Washington, 
DC 20005, [phone]. A copy of the proposed consent decree may be 
obtained in person or by mail from the Consent Decree Library 1120 G 
Street NW, Fourth Floor, Washington, DC 20005. In requesting a copy, 
please refer to the referenced case and enclose a check in the amount 
of $5.25 (25 cents per page reproduction costs), payable to the Consent 
Decree Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 99-2078 Filed 1-28-99; 8:45 am]
BILLING CODE 4410-15-M