[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28220]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
In accordance with Departmental policy, 28 CFR 50.7 and 42 U.S.C.
9622(d), notice is hereby given that a proposed consent decree in
United States v. AMF Reece, et al., Civil Action No. 94-12153 (EFH) was
lodged on October 28, 1994, with the United States District Court for
the District of Massachusetts. The consent decree settles an action
brought under the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9601 et seq., and the Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq., for injunctive
relief and reimbursement of costs. The PSC Resources Superfund Site was
operated as a waste oil recycling facility from 1970 to 1978 and is
located in Palmer, Massachusetts. As a result of the waste oil
operations, the Site became contaminated with hazardous substances and
was placed on the National Priorities List. The Environmental
Protection Agency performed a removal action and a remedial
investigation and feasibility study to identify the nature and extent
of the contamination at the Site and to examine how best to remediate
the Site.
Under the terms of the proposed decree, eleven defendants
(``Performing Settling Defendants'') will perform the required
remediation of the Site. The remediation is today estimated to cost
$7.35 million. A remedial trust fund will be established to fund the
remedy. Approximately one hundred and forty-five (145) de minimis
settling defendants will contribute $3,755,484 to the remedial trust
fund. The New Jersey Department of Transportation will contribute $3.5
million and the federal agencies will contribute $625,152,
respectively, to the remedial trust fund. The Performing Settling
Defendants and settling federal agencies will pay $3,175,000 to the
Environmental Protection Agency and Commonwealth of Massachusetts for
costs incurred in performing the RI/FS, removal activities and for
other past costs and interest, totalling $4,291,333. The Performing
Settling Defendants within 30 days of entry of the decree will also pay
$153,720 to the Department of Interior in compensation for natural
resource damages. Additionally, over the course of the remediation, the
Performing Settling Defendants will pay $537,500 of an estimated
$575,000 in oversight costs to the Environmental Protection Agency and
the Commonwealth.
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 the
United States v. AMF Reece, et al., DOJ reference #90-11-2-922.
The proposed consent decree may be examined at: The Office of the
United States Attorney for the District of Massachusetts. 1003 J.W.
McCormack Post Office and Courthouse, Boston, Massachusetts; the Region
I Office of the Environmental Protection Agency, J.F. Kennedy Federal
Building, Boston, Massachusetts; 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 of the Consent Decree
(without signature pages or attachments), please enclose a check in the
amount of $36.50 (25 cents per page reproduction costs), payable to the
Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-28220 Filed 11-15-94; 8:45 am]
BILLING CODE 4410-01-M
