Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Notices 53655

Decree may be examined at the Office of

the United States Attorney for the

District of Minnesota, 234 United States

Courthouse, 110 South Fourth Street,

Minneapolis, Minnesota 55401; the

Region 5 Office of the United States

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005,

telephone no. (202) 624–0892. A copy of

the proposed Consent Decree with two

appendices 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 DJ#90–11–2–904,

and enclose a check in the amount of

$8.00 (25 cents per page for

reproduction costs), payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–27208 Filed 10–14–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

Policy, 28 C.F.R. § 50.7, notice is hereby

given that a consent decree in United

States of America v. Pettinaro

Construction Co., Inc., and Linder & Co.,

Inc., No. 97–123 LON (D. Del.), was

lodged with the United States District

Court for the District of Delaware on

September 25, 1997.

The proposed consent decree would

resolve the United States allegations in

this enforcement action that the

Defendants have violated Section 301(a)

of the Clean Water Act (‘‘CWA’’), 33

U.S.C. § 1311(a), by clearing, grading,

filing and/or excavating approximately

18 acres of wetlands in Bethany Bay

Subdivision, Sussex County, Delaware,

without a permit under Section 404 of

the CWA.

The proposed consent decree would

require the Defendants to: (1) Restore or

create mitigation wetlands for all

wetland areas impacted by the illegal

discharges; (2) pay a $60, 000 civil

penalty; and (3) record the consent

decree in the local land records to

assure that certain wetland areas remain

undisturbed.

The Department of Justice will accept

written comments relating to the

proposed consent decree for thirty (30)

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General,

Environment and Natural Resources

Division, U.S. Department of Justice,

Attention: Patricia Ross McCubbin,

Environmental Defense Section, P.O.

Box 23986, Washington, D.C. 20026–

3986, and should refer to United States

v. Pettinaro Construction Co., Inc., DJ

Reference No. 90–5–1–1–4302.

The proposed consent decree may be

examined at either the Clerk’s Office,

United States District Court, District of

Delaware, 844 King Street, Wilmington,

Delaware 19801 (telephone number:

302–573–6170), or at the Consent

Decree Library, 1120 G Street, NW., 4th

Floor Washington, DC 20005 (telephone

number: 202–624–0892). Requests for a

copy of the consent decree may be

mailed to the Consent Decree Library at

the above address, and must include a

check in the amount of $12.75.

Letitia J. Grishaw,

Chief, Environmental Defense Section,

Environment and Natural Resources Division,

U.S. Department of Justice.

[FR Doc. 97–27250 Filed 10–14–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980, as Amended

Consistent with Departmental policy,

28 CFR § 50.7, 38 FR 19029, and 42

U.S.C. § 9622(d), notice is hereby given

that on September 29, 1997, a proposed

consent decree in United States v. John

Reardon and Paul Reardon, Civil Action

No. 97–12197–T, was lodged with the

United States District Court for the

District of Massachusetts. The proposed

Consent Decree will resolve the United

States’ claims under the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’), 42 U.S.C. § 9601 et seq.,

on behalf of the U.S. Environmental

Protection Agency (‘‘EPA’’) against

defendants John Reardon and Paul

Reardon relating to the Norwood PCB

Superfund Site (‘‘Site’’) in Norwood,

Massachusetts. The Complaint alleges

that the Reardons are liable under

Sections 107(a)(1) and (a)(2) of CERCLA,

42 U.S.C. § 9607(a)(1) and (a)(2).

Pursuant to the Consent Decree, the

Reardons will provide access to the

portion of the Site under their

ownership and control, and will impose

institutional controls as their property

to ensure the effectiveness of the

remedial action at the Site. The United

States will also recover response costs

in the amount of $25,000 pursuant to

the Consent Decree.

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.

Any comments should be addressed to

the Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. John Reardon

and Paul Reardon, Civil Action No. 97–

12197–T, D.J. Ref. 90–11–2–372B.

The proposed consent decree may be

examined at the Office of the United

States Attorney, District of

Massachusetts, J.W. McCormack Post

Office and Courthouse, Boston,

Massachusetts, 02109, at Region I,

Office of the Environmental Protection

Agency, One Congress Street, Boston,

Massachusetts, 02203 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

enclose a check (there is a 25 cent per

page reproduction cost) in the amount

of $18.25 payable to the Consent Decree

Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–27209 Filed 10–14–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response

Compensation and Liability Act of

1980, as Amended, and the Resource

Conservation and Recovery Act

Notice is hereby given that a proposed

consent decree in the action entitled

United States v. RohmTech, Inc., Civil

Action No. 97CV12200 EFH, was lodged

on September 30, 1997, with the United

States District Court for the District of

Massachusetts. The proposed consent

decree resolves the United State’s

claims against RohmTech 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.

and the Resources Conservation and

Recovery Act, 42 U.S.C. § 6973.
53656 Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Notices

RohmTech is the successor to a former

owner and operator of the Site. 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.

Under the proposed consent decree,

RohmTech will make an immediate

payment to the United States and the

Commonwealth in the amount of

$4,000,000, plus interest. In addition,

the United States and the

Commonwealth will receive a

percentage of gross proceeds from

related insurance litigation and

litigation against another potentially

responsible party. Of the total payments,

$2,100,000 will be paid to the United

States and the Commonwealth in

connection with claims for natural

resource damages at the Site. The

remaining money will be paid to the

United States and the Commonwealth as

reimbursement for response costs

incurred and to be incurred at the Site.

The amount of the payments to be made

by RohmTech reflect the company’s

financial condition.

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, Department

of Justice, P.O. Box 7611, Ben Franklin

Station, Washington, DC 20044, and

should refer to United States v.

RohmTech, Inc., DOJ Ref. Number 90–

11–2–340. 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.

The proposed consent decree may be

examined at the Environmental

Protection Agency, One Congress Street,

Boston, Massachusetts (contact Joanna

Jerison at 617–565–3350) and at the

Consent Decree Library, 1120 G Street,

NW., 4th 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, NW., 4th

Floor, Washington, DC 20005. In

requesting a copy, please refer to the

referenced case and enclose a check in

the amount of $12.50 (50 pages at 25

cents per page reproduction costs),

payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97–27206 Filed 10–14–97; 8:45 am]

BILLING CODE 4410–15–M

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. Taylor, et al., Civil

Action No. 97CV12201EFH, was lodged

on September 30, 1997, with the United

States District Court for the District of

Massachusetts. The proposed consent

decree resolves the United States’s

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 Scott D.

Taylor, individually; the Estate of

Roland E. Derby, Jr.; Scott D. Taylor in

his capacity as Administrator of the

Estate of Roland E. Derby, Jr.; the Estate

of Roland E. Derby, Sr., and Edward M.

Lynch, Jr. in his capacity as Executor of

the Estate of Roland E. Derby, Sr. The

consent decree includes a covenant not

to sue by the United States under, inter

alia, Sections 106 and 107 of CERCLA,

42 U.S.C. §§ 9606 and 9607 (including

claims for natural resource damages),

and under Section 7003 of the Resource

Conservation and Recovery Act

(‘‘RCRA’’), 42 U.S.C. § 6973.

Under the proposed consent decree,

Scott D. Taylor will make a payment to

the United States and the

Commonwealth in the amount of

$565,000 over a three-year period, plus

interest. Of the $565,000 total, $424,000

will be paid the United States (EPA) as

reimbursement for response costs

incurred in connection with the Site,

$106,000 will be paid to the

Commonwealth as reimbursement for

response costs incurred in connection

with the Site, and $35,000 will be paid

to the United States and the

Commonwealth in connection with

claims for natural resource damages. In

addition, if the gross insurance proceeds

recovered by the Settling Defendants in

connection with the Site exceed

$425,000, Settling Defendants shall pay

to the United States and the

Commonwealth 80% of the amount in

excess of $425,000.

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,

D.C. 20044, and should refer to United

States v. Taylor, et al., DOJ Ref. Number

90–11–2–340B. 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.

The proposed consent decree may be

examined at the Environmental

Protection Agency, One Congress Street,

Boston, Massachusetts (contact Joanna

Jerison at 617–565–3350) 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 $13.25 (25 cents

per page reproduction costs), payable to

the Consent Decree Library.

Bruce S. Gelber,

Deputy Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97–27207 Filed 10–14–97; 8:45 am]

BILLING CODE 4410–15–M

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 v. Washington Central

Railroad Company, Inc., et al., No.

CV97–1400–ST (D. Oregon), was lodged

on September 30, 1997, with the United

States District Court for the District of

Oregon. With regard to the Defendants,