[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Page 33944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16707]


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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. A & N Cleaners & Launderers, Inc., et al., 
Civil Action No. 89-6865 (S.D.N.Y.), was lodged on June 20, 1996, with 
the United States District Court for the Southern District of New York. 
The proposed consent decree resolves 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'') and the U.S. Department of 
the Interior (``DOI''), against the defendants--A & N Cleaners & 
Launderers, Inc.; Ben Forcucci; Marine Midland Bank, N.A.; Jordan W. 
Berkman; John A. Petrillo; Joseph Curto; and Mario Curot--for response 
costs incurred and to be incurred in connection with the Brewster Well 
Field Superfund Site (``Site'') in Putnam County, New York, and for 
damages for injury to, destruction of, or loss of natural resources as 
a result of the release of hazardous substances at or from the Site. 
Under the proposed consent decree, the United States and its co-
plaintiff the State of New York will receive $2.3 million from the 
defendants in reimbursement of response costs. The United States will 
also receive $20,000 from defendants as damages for injury to, or 
destruction or loss of, natural resources, to be spent only for natural 
resources restoration and reimbursement of assessment costs incurred by 
the natural resource trustees.
    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. In addition, since the United States is 
further providing defendants with a covenant not to sue under the 
Resources Conservation & Recovery Act, 42 U.S.C. 6901, et seq, the 
United States will also provide an opportunity for a public meeting in 
the affected area, if requested within the thirty (30) day public 
comment period. See 42 U.S.C. Sec. 6973(d). Any comments and/or request 
for a public meeting 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. A & N Cleaners & Launderers, Inc., et al., Civil Action No. 89-6865, 
DOJ Ref. Number 90-11-2-311.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 100 Church Street, 19th Floor, New York, New 
York 10007; the Region II Office of the Environmental Protection 
Agency, 290 Broadway, New York, New York 10278; and 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, NW., 
4th Floor, Washington, DC 20005. In requesting a copy, please refer to 
the referenced case and enclose a check in the amount of $9.25 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
Joel M. Gross,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 96-16707 Filed 6-28-96; 8:45 am]
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