[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Page 71499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32975]
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DEPARTMENT OF JUSTICE
Notice of Consent Judgments Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029,
and 42 U.S.C. 9622(d), notice is hereby govern that a proposed Consent
Decree in United States v. Exxon Corporation, et al., DOJ # 90-11-2-
201, Civ No. C-92-486, was lodged in the United States District Court
for the District of New Hampshire on December 8, 1999. The Consent
Decree resolves claims of the United States under Sections 106(b) and
107(a) and (c) of the Comprehensive Environmental Response,
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606(b) and
9607(a) and (c), against four defendants and twenty-seven (27) third-
party defendants (``Settling Defendants'') relating to cost
reimbursement and cleanup of the Auburn Road Landfill Superfund Site in
Londonderry, New Hampshire (the ``Site''). The direct defendants are
Exxon Corporation, Grassy Knoll Associates, Peter Johnson, and
Workplace Systems Corporation. Under the proposed Consent Decree, the
Settling Defendants agree, inter alia, to reimburse to the United
States $5.84 million in past response costs incurred at the Site, to
perform future Work at the Site under EPA's 1989 Record of Decision as
amended by EPA's 1996 Amended Record of Decision, and to pay EPA's
oversight costs incurred in connection with that Work. The Work
involves operation and maintenance of the landfill cap, monitoring of
ground water, surface water and sediments under a natural attenuation
remedy, and the performance of any active remediation of ground water,
surface water and sediments that EPA may select in the future. Also,
Peter Johnson/Grassy Knoll will pay $100,000, and Workplace Systems
Corporation will pay $25,000 and perform a supplemental environmental
project, to resolve our claims for civil penalties/punitive damages
concerning their alleged violations of a unilateral administrative
order issued by EPA in 1990 (``1990 UAO'').
Additionally, under the proposed Decree, Settling Defendants will
reimburse the State for a portion of its past response costs and will
reimburse the Town of Londonderry, New Hampshire for a portion of its
response costs. Further, Peter Johnson agrees to convey to the Town of
Londonberry certain property at the Site, subject to use restrictions.
In return, the United States covenants not to sue Settling Defendants
for response costs or response actions at the Site, subject to certain
reopeners and reservations of rights. The United States also covenants
not to sue Peter Johnson and Workplace Systems for civil penalties and
punitive damages for their violations of the 1990 UAO. Only three
third-party defendants are not participating in the settlement.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, written 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, DC 20530, and should refer
to United States v. Exxon Corporation, et al., DOJ # 90-11-2-201. The
proposed Consent Decree may be examined at the Office of the United
States Attorney, District of New Hampshire, 55 Pleasant Street--Room
312, Concord, New Hampshire 03301; and at the Region I Office of the
U.S. Environmental Protection Agency, One Congress Street, Suite 1100--
RCA, Boston, Massachusetts 02114-2023. Copies of the Consent Decree may
be obtained by mail from the Justice Department Consent Decree Library,
P.O. Box 7611 Ben Franklin Station, Washington, DC 20044, (202) 514-
1547. In requesting a copy, please enclose a check in the amount of
$170.00 (25 cents per page reproduction costs) payable to the Consent
Decree Library.
Joel M. Gross,
Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. 99-32975 Filed 12-20-99; 8:45 am]
BILLING CODE 4410-15-M
