[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Notices]
[Page 36466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14456]



[[Page 36466]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    Notice is hereby given that a proposed consent decree in the action 
entitled United States v. Holden, et. al., Civil Action No. 
00CV11036EFH (D. Mass.), was lodged on May 26, 2000, with the United 
States District Court for the District of Massachusetts. The proposed 
consent decree resolves the claims of the United States claims against 
several potentially responsible parties (``Settling Defendants'') at 
the Nyanza Chemical Waste Dump Superfund Site, located in Ashland, 
Massachusetts (``Site''), under the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 
et seq. The consent decree will also resolve the claims of the 
Commonwealth of Massachusetts (``Commonwealth'') in connection with the 
Site under CERCLA and the Massachusetts Oil and Hazardous Material 
Release Prevention and Response Act, M.G.L. c. 21E. The Settling 
Defendants include Nelson W. Holden, as Trustee of the Holden-Ashland 
Trust, Martha E. Holden, as Trustee of the Holden-Ashland Trust, and 
William M. Leacu. The Environmental Protection Agency has determined 
that the Settling Defendants qualify for a de mimimis settlement under 
section 122(g)(1)(B) of CERCLA, 42 U.S.C. 9622(g)(1)(B). The 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 (including 
claims for natural resources damages), and under Section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
    Under the proposed consent decree, the Settling Defendants have 
agreed to record an Environmental Restriction and Easement 
(``Easement'') with respect to each of their properties located at the 
Site. The Easements will impose certain restrictions on the use of 
these properties and will also provide access rights to the United 
States (until completion of the remedial action at the Site) and to the 
Commonwealth (after completion of the remedial action at the Site).
    The Department of Justice will receive, for a period of up to 
thirty days from the date of this publication, comments relating to the 
proposed consent decree. Any comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, P.O. box 7611, Ben Franklin Station, Washington DC 20044, and 
should refer to United States v. Holden, et al., DOJ Ref. Number 90-11-
2-340C. 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. 6973(d).
    The proposed consent decree may be examined at EPA Region 1, 
located at One Congress Street, Suite 1100, Boston, MA 02114 (contact 
Peter DeCambre, 617-918-1890). A copy of the proposed consent decree 
may be obtained by mail from the Department of Justice Consent Decree 
Library, P.O. Box 7611, Washington, DC 20044. In requesting a copy, 
please refer to the referenced case and enclose a check in the amount 
of $23.75 (25 cents per page reproduction costs).

Joel M. Gross,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-14456 Filed 6-7-00; 8:45 am]
BILLING CODE 4410-15-M