[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Page 24740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9892]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Resource
Conservation And Recovery Act and the Emergency Planning and Community
Right-to-Know Act
Notice is hereby given that on April 11, 2012, a proposed revised
Consent Decree in United States v. Clean Harbors of Braintree, Inc.,
No. 11-11440, was lodged with the United States District Court for the
District of Massachusetts. The United States filed this action, on
August 12, 2011, under the Resource Conservation and Recovery Act
(``RCRA''), 42 U.S.C. 6901, et seq., and the Emergency Planning and
Community Right-to-Know Act (``EPCRA''), 42 U.S.C. 11001, et seq. The
Complaint alleged that Clean Harbors of Braintree, Inc. (``Clean
Harbors'') violated various provisions of RCRA and EPCRA, as well as
their implementing permits and regulations, at the hazardous waste
treatment, storage, and disposal facility operated by Clean Harbors at
1 Hill Avenue in Braintree, Massachusetts. At the time the United
States filed the action, it also lodged the original Consent Decree,
which resolved the civil claims of the United States for the violations
alleged in the Complaint through the date of lodging of the Consent
Decree. Under the original Consent Decree, Clean Harbors agreed to
certain injunctive relief, to pay a penalty in the amount of $650,000,
and to implement a Supplemental Environmental Project, at a cost of at
least $1,062,500, involving the planting of trees in low-income or
minority areas located in the City of Boston (``Boston Tree SEP'').
After consideration of public comment received concerning the original
Consent Decree, the United States and Clean Harbors have withdrawn the
original Consent Decree and have entered into the revised Consent
Decree. The revised Consent Decree adjusts downward the number of trees
planted under the Boston Tree SEP, and now includes an additional
Supplemental Environmental Project involving the acquisition of an
aerial ladder fire truck for the Town of Braintree. Under the revised
Consent Decree, Clean Harbors will expend at least $612,500 on the
Boston Tree SEP. Clean Harbors will also acquire, or cause to be
acquired, an aerial ladder fire truck for the Town of Braintree. The
Town of Braintree may contribute toward a portion of the cost of the
truck, but Clean Harbors's contribution must be at least $450,000 and
Clean Harbors will be responsible for acquisition of the fire truck
regardless of whether or not the Town of Braintree contributes any
monies toward the fire truck.
For a period of thirty days from the date of this publication, the
Department of Justice will receive and consider comments relating to
the revised Consent Decree. All comments must be received by the
Department of Justice within this thirty-day period. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov
or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044, and should refer to United States v. Clean Harbors of Braintree,
Inc., No. 11-11440 (D. Mass.) and D.J. Ref. No. 90-7-1-09439. A copy of
any comments should be sent to Donald G. Frankel, Senior Counsel,
Department of Justice, Environmental Enforcement Section, One Gateway
Center, Suite 616, Newton, MA 02458, or emailed to
donald.frankel@usdoj.gov.
During the public comment period, the Consent Decree may be
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or emailing a request to ``Consent Decree Copy''
(EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514-0097, phone confirmation
number (202) 514-5271. In requesting a copy of the Consent Decree from
the Consent Decree Library, please enclose a check in the amount of
$9.50 (25 cents per page reproduction cost) payable to the U.S.
Treasury (if the request is by fax or email, forward a check to the
Consent Decree library at the address stated above).
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-9892 Filed 4-24-12; 8:45 am]
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