[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Notices]
[Pages 23473-23474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11325]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree in United States and State
of Connecticut v. Town of Southington, et al., Civil Action Nos. 3:
98cv8 and 3:98cv236 was lodged on March 12, 1998 with the United States
District Court for the District of Connecticut.
The complaint in this action seeks (1) to recover, pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9601 et seq., response costs incurred and to be
incurred by the U.S. Environmental Protection Agency (``EPA'') at the
Old Southington Landfill Superfund Site located in the Town of
Southington, Connecticut (``Site''); and (2) injunctive relief under
Section 106 of CERCLA, 42 U.S.C. 9606. The defendants include Town of
Southington, United Technologies Corp. and 266 other parties.
The proposed Consent Decree embodies an agreement with two
potentially responsible parties (``PRPs'') at the Site pursuant to
sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, to perform a
remedial action at the Site including the relocation of businesses
located on the Site, the construction of a multi-layer cap, the
excavation and consolidation of a ``hot-spot'', the extraction and
possible treatment of landfill gases, and the performance of additional
goundwater studies. The proposed Consent Decree also embodies an
agreement with 266
[[Page 23474]]
PRPs at the Site, including the U.S. Army, the U.S. Navy and the
General Services Administration, to pay approximately $5.1. million, in
aggregate, in settlement of claims for EPA's past and future response
costs, and certain private parties' past costs at the Site. The monies
paid by these 266 settlers will be used to reimburse past costs
incurred at the Site and to partially fund the remedial action being
performed by the two performing parties.
The Consent Decree provides the settling defendants with releases
for civil liability for: (1) EPA's and the State of Connecticut's
(``State's'') past CERCLA response costs at the Site; (2) response
costs in connection with the remedy for the Site; and (3) for damages
for natural resources under the trusteeship of the Secretary of
Commerce, through the National Oceanic and Atmospheric Administration.
Notice of the Consent Decree originally was published on March 26,
1998. See 63 Fed. Reg. 14730-31. Since that time however, the Consent
Decree's appendix listing the names of the settling defendants was
modified to add the names of additional settling defendants. Because of
this modification, the public notice period will be extended. 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,
P.O. Box 7611, Washington, D.C. 20044-7611, and should refer to United
States and State of Connecticut v. Town of Southington, et al., DOJ
Ref. No. 90-11-2-420A.
The proposed consent decree may be examined at the Office of the
United States Attorney, U.S. Courthouse, 915 Lafayette Blvd., Rm. 309,
Bridgeport, CT 06604; the Region I Office of the Environmental
Protection Agency, Region I Records Center, 90 Canal Street, First
Floor, Boston MA 02203; and at the Consent Decree Library 1120 G
Street, N.W., Fourth Floor, Washington, D.C. 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, Fourth Floor,
N.W., Washington D.C. 20005. In requesting a copy, please refer to the
referenced case and enclose a check in the amount of $175.00 (25 cents
per page reproduction costs); payable to the Consent Decree Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 98-11325 Filed 4-28-98; 8:45 am]
BILLING CODE 4410-15-M
