[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63871-63872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25488]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Supplemental Consent Decree Under
the Comprehensive Environmental Response Compensation and Liability Act
On October 10, 2012, the Department of Justice lodged a proposed
Supplemental Consent Decree with the United States District Court for
the District of Massachusetts in the lawsuit entitled, United States
and Massachusetts v. AVX Corporation, Civil Action No. 83-3882-Y.
In 1983, the United States and Massachusetts commenced suit against
AVX Corporation (``AVX'') alleging that AVX was liable to the
governments for natural resource damages and later amended the suit to
seek response costs under the Superfund statute and other legal
authorities. That litigation against AVX was concluded when the
governments entered into a Consent Decree with AVX in 1992, resolving
AVX's liability subject to the governments' rights to further pursue
the claims under a reservation of rights under CERCLA that authorizes
the governments to seek additional relief based on unknown conditions
or new information and another reservation of rights that allows the
governments to seek additional relief from AVX should certain response
costs exceed $130.5 million (``reopeners''). This Supplemental Consent
Decree resolves AVX's liability for response costs and injunctive
relief under both the unknown conditions/new information and cost-
related reopeners under the 1992 Consent Decree. Upon entry of the
Supplemental Consent Decree, the Unilateral Administrative Order
(``UAO'') issued, pursuant to Section 106 of CERCLA, by EPA Region 1 on
April 18, 2012 (whose ``effective date'' has currently been delayed
until November 1, 2012) will be withdrawn. Mediated negotiations
between the governments and AVX that were conducted following EPA's
issuance of the UAO resulted in the Supplemental Consent Decree.
Under the terms of the Supplemental Consent Decree, AVX Corporation
will pay an additional $366.25 million with interest (in addition to
the $59 million, plus interest, that AVX paid for
[[Page 63872]]
response costs in the 1992 Consent Decree) in three payments spanning
two years and will provide financial assurance to secure the required
payments. The governments will release their claims for all response
costs and injunctive relief without new ``reopeners'' under Sections
106 and 107 of CERCLA, among other alleged claims. The governments
retain their rights to additional relief for natural resource damages
pursuant to a reservation of rights in the 1992 Consent Decree.
The publication of this notice initiates a 30-day period for public
comment on the Supplemental Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and should refer to United States and Massachusetts
v. AVX Corporation, D.J. Ref. No. 90-11-2-32/2. All comments must be
submitted no later than thirty (30) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By e-mail............................... [email protected].
By mail................................. Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, DC 20044-
7611.
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During the 30-day comment period, a person may request an
opportunity for a public meeting in the affected area in accordance
with Section 7003 of RCRA, 42 U.S.C. 6973, regarding the Decree's
covenant not to sue under Section 7003. The 30-day comment period may
not be extended if a request for a meeting is not timely received to
allow for the submission of comments within 30 days. During the public
comment period, the Supplemental Consent Decree may be examined and
downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the
Supplemental Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $19.50 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits, the cost is $6.50.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2012-25488 Filed 10-16-12; 8:45 am]
BILLING CODE 4410-15-P