[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Notices]
[Pages 23473-23474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11325]


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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 Connecticut v. Town of Southington, et al., Civil Action Nos. 3: 
98cv8 and 3:98cv236 was lodged on March 12, 1998 with the United States 
District Court for the District of Connecticut.
    The complaint in this action seeks (1) to recover, pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., response costs incurred and to be 
incurred by the U.S. Environmental Protection Agency (``EPA'') at the 
Old Southington Landfill Superfund Site located in the Town of 
Southington, Connecticut (``Site''); and (2) injunctive relief under 
Section 106 of CERCLA, 42 U.S.C. 9606. The defendants include Town of 
Southington, United Technologies Corp. and 266 other parties.
    The proposed Consent Decree embodies an agreement with two 
potentially responsible parties (``PRPs'') at the Site pursuant to 
sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, to perform a 
remedial action at the Site including the relocation of businesses 
located on the Site, the construction of a multi-layer cap, the 
excavation and consolidation of a ``hot-spot'', the extraction and 
possible treatment of landfill gases, and the performance of additional 
goundwater studies. The proposed Consent Decree also embodies an 
agreement with 266

[[Page 23474]]

PRPs at the Site, including the U.S. Army, the U.S. Navy and the 
General Services Administration, to pay approximately $5.1. million, in 
aggregate, in settlement of claims for EPA's past and future response 
costs, and certain private parties' past costs at the Site. The monies 
paid by these 266 settlers will be used to reimburse past costs 
incurred at the Site and to partially fund the remedial action being 
performed by the two performing parties.
    The Consent Decree provides the settling defendants with releases 
for civil liability for: (1) EPA's and the State of Connecticut's 
(``State's'') past CERCLA response costs at the Site; (2) response 
costs in connection with the remedy for the Site; and (3) for damages 
for natural resources under the trusteeship of the Secretary of 
Commerce, through the National Oceanic and Atmospheric Administration.
    Notice of the Consent Decree originally was published on March 26, 
1998. See 63 Fed. Reg. 14730-31. Since that time however, the Consent 
Decree's appendix listing the names of the settling defendants was 
modified to add the names of additional settling defendants. Because of 
this modification, the public notice period will be extended. 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, 
P.O. Box 7611, Washington, D.C. 20044-7611, and should refer to United 
States and State of Connecticut v. Town of Southington, et al., DOJ 
Ref. No. 90-11-2-420A.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, U.S. Courthouse, 915 Lafayette Blvd., Rm. 309, 
Bridgeport, CT 06604; 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, N.W., Fourth 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, Fourth Floor, 
N.W., Washington D.C. 20005. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $175.00 (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. 98-11325 Filed 4-28-98; 8:45 am]
BILLING CODE 4410-15-M