[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