[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Page 8123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3914]
[[Page 8123]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Partial 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 partial consent decree in the
consolidated action entitled United States of America v. Western
Publishing Co., Inc., et al., Civil Action No. 94-CV-1247 (LEK/DNH) and
State of New York v. F.I.C.A. a/k/a Dutchess Sanitation Services, Inc.,
et al., Civil Action No. 86-CV-1136 (LEK/DNH) (N.D.N.Y.), was lodged on
January 22, 1999, with the United States District Court for the
Northern District of New York. The proposed partial consent decree
resolves claims of the United States, on behalf of the U.S.
Environmental Protection Agency, and the State of New York against
fourth-party Dupont Semiconductor Products, Pawling Corporation, H.O.
Penn Machinery Co., Inc., Schatz Bearing Corp., Rao's Suburban
Sanitation, Inc., Royal Carting of Dutchess County, Inc., M & G
Sanitation Corp., and Great Eastern Color Lithographic Corp., under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended, 42 U.S.C. 9601-9675 (``CERCLA''). These claims are
for recovery of response costs incurred and to be incurred by the
United States in connection with the Hertel Landfill Superfund Site
(``Site''), located in the Hamlet of Clintondale, Town of Plattekill,
Ulster County, New York
Under the terms of the proposed partial consent decree, the
settling defendants will pay to the United States $275,000 in
reimbursement of past response costs incurred by the United States, and
a 15% premium on such payment to be applied toward future remedial
action costs to be incurred with respect to the Site. The remedial
action is to be performed by other settling defendants under a separate
partial consent decree related to the resolution of this litigation and
lodged concurrently herewith, providing performance of the remedial
design and remedial action set forth in the September 27, 1991 Record
of Decision for the Site. The instant proposed partial consent decree
provides the settling defendants with releases for civil liability
under Sections 106 and 107(a) of CERCLA relating to the Site as
consideration for the payments to be made.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed partial consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
U.S. Department of Justice, Washington, DC 20530, and should refer to
United States of America v. Western Publishing Co., Inc., et al., Civil
Action No. 94-CV-1247 (LEK/DNH) and State of New York v. F.I.C.A. a/k/a
Dutchess Sanitation Services, Inc., et al., Civil Action No. 86-CV-1136
(LEK/DNH) (N.D.N.Y.), DOJ Ref. No. 90-11-2-767A.
The proposed partial consent decree may be examined at the Office
of the United States Attorney, 445 Broadway, Room 231, Albany, New York
12207; the Region II Office of the Environmental Protection Agency, 290
Broadway, New York, New York 10007-1866; and the Consent Decree
Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, telephone
(202) 624-0892. A copy of the proposed partial consent decree may be
obtained in person or by mail from the Consent Decree Library. In
requesting a copy, please refer to the referenced case and enclose a
check in the amount of $10.25 (25 cents per page reproduction costs)
made payable to Consent Decree Library.
Joel M. Gross,
Chef, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 99-3914 Filed 2-17-99; 8:45 am]
BILLING CODE 4410-15-M
