[Federal Register Volume 65, Number 126 (Thursday, June 29, 2000)]
[Notices]
[Pages 40126-40127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16466]


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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

    In accordance with Departmental policy, 28 CFR 50.7, 38 FR 19029, 
and 42 U.S.C. 9622(d), notice is hereby given that on June 14, 2000, a 
proposed Consent Decree (``Decree'') in the consolidated cases entitled 
United States v. Western Publishing Co., Inc., et al., Civil Action No. 
94-CV-1247 and State of New York v. F.I.C.A. a/k/a Dutchess Sanitation 
Services, Inc., et al., Civil Action No. 86-CV-1136 (LEK/DNH) was 
lodged with the United States District Court for the Northern District 
of New York. The proposed Consent Decree will resolve the United 
States' claims, on behalf of the U.S. Environmental Protection Agency 
(``EPA''), and the claims of the State of New York (``State'') under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9601 et seq., against defendants F.I.C.A. 
and the Estate of Joseph Fiorillo, Sr., as well as potential claims 
against Joseph Fiorillo, Jr., relating to response costs incurred and 
to be incurred in connection with the Hertel Landfill Superfund Site 
(``Site''), located in the Hamlet of Clintondale, Town of Plattekill, 
Ulster County, New York. The United States and the State of New York 
alleged in their Complaints that the defendants are liable as 
successors in interest to Dutchess Sanitation Services, Inc., as owners 
and/or operators of the Site and as transporters of hazardous 
substances to the Site pursuant to Section 107(a) of CERCLA, 42 U.S.C. 
9607(a).
    Under the terms of the Decree, the settling parties will make a 
cash payment of $50,000, to be divided equally between the United 
States and certain prior settling parties currently performing EPA's 
selected remedy at the Site (``performing parties''), within 5 days of 
execution of the Decree by the United States. The F.I.C.A. settling 
parties shall also permit and cooperate in the sale of various parcels 
of real property owned by the F.I.C.A. partnership, proceeds from which 
are to be paid, after deduction of real estate closing costs and 
satisfaction of back property taxes, equally to the United States and 
the performing parties. Terms of the sales of the properties are 
subject to the approval of the United States and the performing 
parties. The Decree further provides that the United States shall 
designate $60,000 of its share of the proceeds to be applied as a civil 
penalty and punitive damages, pursuant to sections 106(b)(1) and 
107(c)(3) of CERCLA, 42 U.S.C. 9606(b)(1) and 9607(c)(3), in 
satisfaction of the United States' claim that F.I.C.A. failed or 
refused to comply with Administrative Order No. II CERCLA-20217 in 
connection with the Site. Within 30 days of entry of the Decree, 
F.I.C.A. will pay the State $2,000 in satisfaction of the State's claim 
for reimbursement of its response costs at the Site. The

[[Page 40127]]

proposed partial consent decree provides the settling defendants with 
releases for civil liability under sections 106 and 107(a) of CERCLA 
relating to the Site through construction of the landfill cap as 
consideration for the payments to be made.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, U.S. Department of 
Justice, Washington, DC 20530, and should refer to United States v. 
Western Publishing Co., Inc., et al., Civil Action No. 94-CV-1247 and 
State of New York v. F.I.C.A. a/k/a Dutchess Sanitation Services, Inc., 
et al., Civil Action No. 86-CV-1136 (LEK/DNH) (N.D.N.Y.), DOJ Ref. No. 
90-11-2-767a.
    The proposed Decree may be examined at the Office of the United 
States Attorney, 445 Broadway, Room 231, Albany, New York 12207 and at 
the Region II Office of the Environmental Protection Agency, 290 
Broadway, New York, New York 10007-1866. A copy of the Decree may also 
be obtained by mail from the Consent Decree Library, Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611. In requesting a 
copy, please refer to the referenced case and enclose a check in the 
amount of $11.00 (25 cents per page reproduction costs) made payable to 
Consent Decree Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-16466 Filed 6-28-00; 8:45 am]
BILLING CODE 4410-15-M