[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62479-62480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29680]
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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. Western Publishing Company, Inc., et al., 94-CV-1247 (CGC/DNH), was
lodged on November 28, 1995, with the United States District Court for
the Northern District of new York. The decree resolves claims of the
United States against defendant I.S.A. In New Jersey, Inc. (``I.S.A.'')
in the above-referenced action under the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA'') for
contamination at the Hertel Landfill Superfund Site in the Town of
Plattekill, Ulster County, New York (the ``Site''). In the proposed
consent decree, the defendant agrees to pay the United States $190,000
in settlement of the United States' claims for past response costs
incurred by the Environmental Protection Agency at the Site and $30,000
in settlement of the United States' claims for civil penalties and
damages for I.S.A.'s failure or refusal to comply with a unilateral
administrative order issued to it by EPA pursuant to section 106 of
CERCLA, 42 U.S.C. 9606. The payments will be made from an escrow
account as noted below.
In 1991, I.S.A. and other entities and individuals were indicted by
a grand
[[Page 62480]]
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, I.S.A. 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
Peterson 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 I.S.A. and the other entities. In exchange
for this Agreement and covenant Not To Sue, BFI paid $250,000 to the
United States, from which $55,000 was paid toward past response costs
incurred by EPA at the Hertel Site. Upon the sale of the assets of
I.S.A. and the other entities, I.S.A. and the others entities 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 Hertel Superfund Site, the Warwick
Superfund Site in the Town of Warwick, 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 I.S.A. 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, DC 20530, and should refer to United
States v. Western Publishing Company, Inc., et al., DOJ Ref. Number 90-
11-2-767A.
The proposed consent decree may be examined at the Office of the
United States Attorney, United States Courthouse, 445 Broadway, Albany,
NY 12207; the Region II Office of the Environmental Protection Agency,
290 Broadway, New York, NY 10278; and the Consent Decree Library, 1120
G Street NW., 4th Floor, Washington, DC 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 NW., 4th 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 S. Gelber,
Acting Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 95-29680 Filed 12-5-95; 8:45 am]
BILLING CODE 4410-01-M
