[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Page 53656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27207]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant To The Comprehensive
Environmental Response Compensation and Liability Act of 1980, As
Amended
Notice is hereby given that a proposed consent decree in the action
entitled United States v. Taylor, et al., Civil Action No.
97CV12201EFH, was lodged on September 30, 1997, with the United States
District Court for the District of Massachusetts. The proposed consent
decree resolves the United States's claims against several potentially
responsible parties (``Settling Defendants'') at the Nyanza Chemical
Waste Dump Superfund Site, located in Ashland, Massachusetts
(``Site''), under the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et
seq. The consent decree will also resolve the claims of the
Commonwealth of Massachusetts (``Commonwealth'') in connection with the
Site under CERCLA and the Massachusetts Oil and Hazardous material
Release Prevention and Response Act, M.G.L. c. 21E. The Settling
Defendants include Scott D. Taylor, individually; the Estate of Roland
E. Derby, Jr.; Scott D. Taylor in his capacity as Administrator of the
Estate of Roland E. Derby, Jr.; the Estate of Roland E. Derby, Sr., and
Edward M. Lynch, Jr. in his capacity as Executor of the Estate of
Roland E. Derby, Sr. The consent decree includes a covenant not to sue
by the United States under, inter alia, Sections 106 and 107 of CERCLA,
42 U.S.C. Secs. 9606 and 9607 (including claims for natural resource
damages), and under Section 7003 of the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973.
Under the proposed consent decree, Scott D. Taylor will make a
payment to the United States and the Commonwealth in the amount of
$565,000 over a three-year period, plus interest. Of the $565,000
total, $424,000 will be paid the United States (EPA) as reimbursement
for response costs incurred in connection with the Site, $106,000 will
be paid to the Commonwealth as reimbursement for response costs
incurred in connection with the Site, and $35,000 will be paid to the
United States and the Commonwealth in connection with claims for
natural resource damages. In addition, if the gross insurance proceeds
recovered by the Settling Defendants in connection with the Site exceed
$425,000, Settling Defendants shall pay to the United States and the
Commonwealth 80% of the amount in excess of $425,000.
The Department of Justice will receive, for a period of up to
thirty days from the date of this publication, comments relating to the
proposed consent decree. Any comments should be addressed to the
Assistant Attorney General for the Environment and Natural Resources
Division, P.O. Box 7611, Ben Franklin Station, Washington, D.C. 20044,
and should refer to United States v. Taylor, et al., DOJ Ref. Number
90-11-2-340B. Commenters may request an opportunity for a public
meeting in the affected area, in accordance with Section 7003(d) of
RCRA, 42 U.S.C. Sec. 6973.
The proposed consent decree may be examined at the Environmental
Protection Agency, One Congress Street, Boston, Massachusetts (contact
Joanna Jerison at 617-565-3350) and at the Consent Decree Library, 1120
G Street, N.W., 4th Floor, Washington, D.C. 20005, 202-624-0892. A copy
of the proposed consent decree may be obtained in person or by mail
from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,
Washington, D.C. 20005. In requesting a copy, please refer to the
referenced case and enclose a check in the amount of $13.25 (25 cents
per page reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 97-27207 Filed 10-14-97; 8:45 am]
BILLING CODE 4410-15-M
