[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Pages 40857-40858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19738]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
Pursuant to 42 U.S.C. Sec. 9622(d)(2), and 28 C.F.R. Sec. 50.7,
notice is hereby given that a proposed consent decree in United States
v. CCL Custom Manufacturing, Inc., Civil Action No. 95-0397-P, was
lodged on July 27,
[[Page 40858]]
1995, with the United States District Court for the District of Rhode
Island.
The complaint in the CCL Custom Manufacturing action was filed
pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et seq., to recover
costs incurred by the United States in taking response actions in
connection with the first operable unit cleanup at the Peterson/
Puritan, Inc. Superfund Site (``Site'') located in the towns of Lincoln
and Cumberland, Providence County, Rhode Island, and to obtain an order
requiring the defendants to implement the remedy for the first operable
unit at the Site selected by EPA in a record of decision dated
September 30, 1993 (``ROD''). The first operable unit at the Site
includes the facilities owned and operated by CCL Custom Manufacturing,
Inc. and Pacific Anchor Chemical Company, the facility formerly owned
and operated by SUPERVALU Operations, Inc., as well as the geographical
extent of the contamination emanating from those facilities including,
but not limited to, the Quinnville Wellfield to the extent that it is
affected by contamination emanating from the CCL Custom Manufacturing,
Inc. facility.
The proposed Consent Decree embodies an agreement by defendants CCL
Custom Manufacturing, Inc., CPC International Inc. (as indemnitor of
CCL Custom Manufacturing, Inc.), Lonza Inc., Pacific Anchor Chemical
Company, and SUPERVALU Operations, Inc. to implement the remedy for the
first operable unit set forth in the ROD, to reimburse the United
States in the amount of $1,090,615.56 for past response costs incurred
in connection with the first operable unit, and to reimburse the United
States for future response costs that will be incurred in connection
with the first operable unit. The defendants have also agreed to make a
payment of $43,883 to the United States in order to settle a potential
claim of the United States pursuant to Section 107(a)(4)(C) of CERCLA,
42 U.S.C. 9607(a)(4)(C), for damages for injury to, destruction of, or
loss of natural resources at the first operable unit. The proposed
Consent Decree includes a covenant not to sue by the United States
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and
under Section 7003 of the Resource Conservation and Recovery Act
(``RCRA''), 42 U.S.C. Sec. 6973.
The proposed Consent Decree also embodies a settlement involving
Lonza Inc., Pacific Anchor Chemical Company, and SUPERVALU Operations,
Inc. of certain claims of the State of Rhode Island related to the
Site.
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, D.C. 20530, and should refer to
United States v. CCL Custom Manufacturing, Inc., DOJ Ref. #90-11-3-
1233. Commenters may request an opportunity for a public meeting in the
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.
Sec. 6973(d).
The proposed Consent Decree may be examined at the Region I Office
of the Environmental Protection Agency, One Congress Street, Boston
Massachusetts, at the United States Attorney's Office located at the
Westminster Square Building, 10 Dorrance Street, 10th Floor, Providence
02903, and at the Consent Decree Library, 1120 G Street, N.W., 4th
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, N.W., 4th Floor, Washington, D.C. 20005.
In requesting a copy, please refer to the referenced case and enclose a
check in the amount of $146.25 for the decree and all appendices, or in
the amount of $51.75 for the decree and Appendices A (Statement of
Work) and C-F (lists of settling defendants) (25 cents per page
reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-19738 Filed 8-9-95; 8:45 am]
BILLING CODE 4410-01-M
