[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Notices]
[Pages 36078-36079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17604]
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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 Vermont v. Town of Bennington, et al., Civil Action Nos. 2:97CV197
and 2:97CV208 was lodged on June 30, 1997, with the United States
District Court for the District of Vermont. The complaint in this
action seeks (1) to recover, pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. Secs. 9601 et seq., response costs incurred and to be
incurred by the U.S. Environmental Protection Agency (``EPA'') at the
Bennington Landfill Superfund Site located in the Town of Bennington,
Vermont (``Site''); and (2) injunctive relief under Section 106 of
CERCLA, 42 U.S.C. Sec. 9606. The defendants are Add, Inc., Bennington
College, Bijur Lubricating Co., Central Vermont Public Service
Corporation, Chemfab Corporation, CLR Corporation, Courtaulds
Structural Composites, Inc., Eveready Battery Company, Inc., G-C-D-C,
Inc. (f/k/a Bennington Iron Works, Inc.), H.M. Tuttle Co., Inc.,
Johnson Controls, Inc., MASCO/Schmelzer Corporation, Southwestern
Vermont Medical Center, Textron, Inc., Town of Bennington, Vermont,
Triangle Wire and Cable, Inc., U.S. Tsubaki, Inc., Vermont Agency of
Transportation and Vermont Bag and Film, Inc.
The proposed Consent Decree embodies an agreement with 5
potentially responsible parties (``PRPs'') at the Site pursuant to
Sections 106 and 107 of CERCLA, 42 U.S.C. Secs. 9606 and 9607: (1) to
perform a non-time critical removal action (``NTCRA'') at the Site
comprising the design, construction and monitoring of a multi-barrier
cap; and (2) to implement a natural resource damages (``NRD'')
restoration project. The proposed Consent Decree also embodies an
agreement with 14 PRPs at the Site pursuant to Section 122(g) of
CERCLA, 42 U.S.C. Sec. 9622(g), to pay $1,776,600, in aggregate, in
settlement of claims for past and future response costs at the Site and
claims for natural resource damages. The monies paid by these 14
settlers will be used to partially fund the NTCRA and the NRD
restoration project being performed by the 5 performing parties.
The Consent Decree provides the settling defendants with a release
for civil liability for EPA's and the State of Vermont's (``State's'')
past and future CERCLA response costs and natural resource damages at
the Site for resources under the trusteeship of the Secretary of the
Interior and the Secretary of Commerce, through the National Oceanic
and Atmospheric Administration, and under the trusteeship of the State.
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.
[[Page 36079]]
Comments should be addressed to the Assistant Attorney General for
the Environmental and Natural Resources Division, Department of
Justice, P.O. Box 7611, Ben Franklin Station, Washington, D.C. 20044,
and should refer to United States and State of Vermont v. Town of
Bennington, et al., DOJ Ref. No. 90-11-3-868A.
The proposed consent decree may be examined at the Office of the
United States attorney, 11 Elmwood Avenue, Burlington Vermont, 05401;
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, NW., Fourth 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, Fourth Floor, NW., Washington, DC 20005. In
requesting a copy, please refer to the referenced case and enclose a
check in the amount of $40.75 (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. 97-17604 Filed 7-2-97; 8:45 am]
BILLING CODE 4410-15-M
