[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6728]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Toxic Substances
Control Act (``TSCA''), 15 U.S.C. 2601 et seq.
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed consent decree in United States v. New
Waterbury, Ltd., et al., Civil Action No. 91CV00688 (WWE), was lodged
on March 1, 1994 with the United States District Court for the District
of Connecticut. The consent decree resolves an action based on
violations which occurred at the New Waterbury industrial facility
located at 59 Mill Street in Waterbury, Connecticut (``facility''). The
facility is approximately 100 buildings on 100 acres in downtown
Waterbury, Connecticut and was used for years in the manufacture of
brass and copper products. New Waterbury, Ltd., a real estate
development limited partnership, acquired the manufacturing facility in
1987 from the former Century Brass Products, Inc.
Settling defendants are storing PCB equipment and drums of PCB
waste in a building that does not comply with the structural
requirements for PCB storage areas established by 40 CFR 761.65(b) (it
lacks an adequate roof and walls to prevent contact with rain water,
adequate spill containment, and surfaces impervious to PCB
penetration). Until the filing of the complaint settling defendants had
not been conducting monthly leak inspections as required by 40 CFR
761.65(c)(5).
The PCB equipment and waste drums have been stored at the facility
since before 1987, in violation of 40 CFR 761.65(a). In addition,
settling defendants are operating a commercial PCB storage facility
without having applied for and received Region I approval, in violation
of 40 CFR 761.65(d).
Pursuant to this proposed consent decree, settling defendants will
remove and properly dispose of all PCB equipment and PCB waste by
August 15, 1995. Settling defendants will also clean up any spills of
PCBs derived from the storage of PCB equipment and PCB waste. The cost
of PCB removal and disposal under the consent decree is estimated at
nearly $500,000.
Pending proper disposal, settling defendants will provide and
maintain adequate temporary storage measures to prevent and contain PCB
leaks and minimize the risks of fire and vandalism, will keep proper
records on the stored PCBs, and will report monthly to EPA.
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. New Waterbury, Ltd., et al., DOJ Ref. # 90-5-1-1-3713.
The proposed consent decree may be examined at the office of the
United States Attorney, 141 Church Street, New Haven, Connecticut; the
Region I Office of the Environmental Protection Agency, 1 Congress
Street, Boston, Massachusetts; and at 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 $12.00 (25 cents
per page reproduction costs), payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 94-6728 Filed 3-22-94; 8:45 am]
BILLING CODE 4410-01-M
