94-3156. Consent Judgment in Action to Recover Costs and Obtain Civil Penalties Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act  

  • [Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-3156]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 10, 1994]
    
    
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    DEPARTMENT OF JUSTICE
    
     
    
    Consent Judgment in Action to Recover Costs and Obtain Civil 
    Penalties Pursuant to the Comprehensive Environmental Response, 
    Compensation, and Liability Act
    
        In accordance with Departmental Policy, 28 CFR 50.7, notice is 
    hereby given that seven Consent Decrees in United States v. Frola, et 
    al., Civil Action No. 2:91cv04280 (DRD) were lodged on February 1, 
    1994, with the United States District Court for New Jersey. A separate 
    Consent Decree was negotiated between the United States and each of the 
    following Defendants (collectively, ``Settling Defendants''): Albert 
    Von Dohln and the Estate of James V. Frola; Republic Environmental 
    Systems (New York) Inc., successor in interest to Chemical Management, 
    Inc.; Luzon Oil Company, Inc.; Petroleum Tank Cleaners, Inc.; Snyder 
    Enterprises, Inc.; Texaco Inc.; and Total Recovery, Inc. (``TRI'').
        The United States brought suit against Settling Defendants on 
    September 27, 1991 pursuant to sections 106 and 107(a) of the 
    Comprehensive Environmental Response, Compensation, and Liability Act 
    of 1980 (``CERCLA''), as amended, 42 U.S.C. 9606 and 9607(a), seeking 
    civil penalties for Settling Defendants' alleged failure to comply with 
    a Unilateral Administrative Order (``UAO'') issued by the United States 
    Environmental Protection Agency (``EPA'') on October 16, 1985, and 
    seeking recovery of costs incurred by the United States in response to 
    the release of hazardous substances at the Quanta Resources, Inc. Site, 
    located at 163 River Road in the Town of Edgewater, New Jersey.
        The proposed Consent Decrees require Settling Defendants to pay 
    $2,450,000; specifically, they must pay: (1) $940,000 in past response 
    costs incurred by the United States for actions taken in response to 
    the release of hazardous substances from the Site, (2) $725,000 in 
    civil penalties and punitive damage for noncompliance with the October, 
    1985 UAO, and (3) $785,000 into escrow to fund the future performance 
    of certain response activities specified in the UAO.
        In addition, TRI is required to pursue best efforts in recovering 
    from insurers $1,200,000 in additional response costs (including 
    interest), plus $800,000 towards funding the remaining work specified 
    in the UAO. The United States agrees to settle all claims addressed in 
    the proposed Consent Decrees but does not agree to release Settling 
    Defendants from their continuing liability at the Site.
        The Department of Justice will receive for thirty (30) days from 
    the date of publication of this notice, written comments relating to 
    the Consent Decrees. Comments should be addressed to the Assistant 
    Attorney General, Environment and Natural Resources Division, 
    Department of Justice, Washington, DC 20530 and should refer to United 
    States v. Frola, et al., D.O.J. Ref. No. 90-11-2-197A.
        The proposed Consent Decrees may be examined at the Office of the 
    United States Attorney, 970 Broad Street, Newark, New Jersey 07101; at 
    the Region II office of the Environmental Protection Agency, 26 Federal 
    Plaza, room 437, New York, NY 10278; or at the Consent Decree Library, 
    1120 G Street NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A 
    copy of the proposed Consent Decrees 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 $57.50 (25 cents 
    per page reproduction costs, exclusive of attachments and appendices) 
    payable to ``Consent Decree Library.''
    John C. Cruden,
    Chief, Environmental Enforcement Section, Environment and Natural 
    Resources Division.
    [FR Doc. 94-3156 Filed 2-9-94; 8:45 am]
    BILLING CODE 4410-01-M
    
    
    

Document Information

Published:
02/10/1994
Department:
Justice Department
Entry Type:
Uncategorized Document
Document Number:
94-3156
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 10, 1994