[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Page 5831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2716]
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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
defendants Golden Books Publishing Co., Inc. (formerly known as Western
Publishing Co., Inc.), Hudson Valley Environmental Services, Inc.,
third-party defendant and fourth-party plaintiff Ford Motor Company,
and fourth-party defendants Alfa Laval, Inc., Frye Tech, Inc.,
International Business Machines Corp., Kem Plastic Playing Cards, Inc.
(who is participating in the settlement based upon a documented limited
ability to pay), Poughkeepsie Newspaper Division of Gannett Satellite
Information Network, Inc., the City of Poughkeepsie, and tesa tape
inc., 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 $453,500 in
reimbursement of past response costs and $125,000 in reimbursement of
interim response costs incurred by the United States, and up to
$300,000 in future oversight and all future non-oversight costs to be
incurred by the United States with respect to the Site. Settling
defendants also will pay to the State $3,814 toward reimbursement of
the State's response costs. Pursuant to the proposed partial consent
decree, the settling defendants also are required to implement the
remedial design and remedial action set forth in the September 27, 1991
Record of Decision for the Site, including construction and operation
and maintenance of a multi-layer cap over the landfill. The 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 and the work to
be performed.
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 $36.75 (25 cents per page reproduction costs)
made payable to Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 99-2716 Filed 2-4-99; 8:45 am]
BILLING CODE 4410-15-M
