[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Page 54707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26363]
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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
In accordance with Department of Justice policy, 28 CFR 50.7,
notice is hereby given that a proposed consent decree in United States
v. International Paper Company, et al., Civil No. 94-4681 (BDP), was
lodged on September 29, 1995, with the United States District Court for
the Southern District of New York. The decree resolves claims of the
United States against defendants I.S.A. In New Jersey, Inc. (``ISA'')
and Round Lake Sanitation Corporation (``Round Lake'') in the above-
referenced action under the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA'') for contamination at the
Warwick Superfund Site in the Town of Warwick, Orange County, New York
(the ``Site''). In the proposed consent decree, the defendants agree to
pay the United States $487,500 in settlement of the United States'
claims for past response costs incurred by the Environmental Protection
Agency at the Site and $262,500 in settlement of the United States'
claims for civil penalties and damages for ISA's and Round Lakes'
failure or refusal to comply with Unilateral Administrative Orders
issued to them. The payments will be made from an escrow account as
noted below.
In 1991, ISA, Round Lake, and other entities and individuals were
indicted by a grand jury empaneled in the United States District Court
for the Southern District of New York on numerous federal felony
charges. According to a subsequent plea agreement, ISA and Round Lake,
and other entities, were required to be sold to unrelated third
parties. In 1994, the United States entered into an Agreement and
Covenant Not To Sue under CERCLA with Browning-Ferris Industries of New
York, Inc.; Browning-Ferris Industries of Paterson, N.J., Inc.; and
Browning-Ferris Industries of South Jersey, Inc. (collectively referred
to as ``BFI'') regarding BFI's prospective purchase of the assets of
ISA, Round Lake, and the other entities. In exchange for this Agreement
and Covenant Not To Sue, BFI paid $250,000 to the United States, from
which $187,500 was paid towards past response costs incurred by EPA at
the Warwick Site. Upon the sale of the assets of ISA, Round Lakes, and
the other entities, ISA and Round Lake paid $1,000,000 of the sale
price into an escrow account to be used to resolve certain liability to
the United States pursuant to CERCLA at several sites, including the
Warwick Site, the Hertel Superfund Site in the Town of Plattekill, New
York, the Ramapo Superfund Site in the Town of Ramapo. New York, and
the Kin-Buc Superfund Site in Edison, New Jersey. The balance of the
proceeds of BFI's purchase of the assets of ISA, Round Lake, and the
other entities has been used to satisfy a $5,000,000 criminal fine,
$3,500,000 in federal and state tax liability, and $300,000 of
liabilities to other creditors.
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, Washington, D.C. 20530, and should refer to
United States v. International Paper Company, et al., DOJ Ref. Number
90-11-3-812.
The proposed consent decree may be examined at the Office of the
United States Attorney, 100 Church Street, New York, NY, 10007; the
Region II Office of the Environmental Protection Agency, 290 Broadway,
New York, NY 10278; and 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 $5.25 (25 cents per page reproduction
costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 95-26363 Filed 10-24-95; 8:45 am]
BILLING CODE 4410-01-M
