[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3156]


[[Page Unknown]]

[Federal Register: February 10, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

 

Consent Judgment in Action to Recover Costs and Obtain Civil 
Penalties Pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that seven Consent Decrees in United States v. Frola, et 
al., Civil Action No. 2:91cv04280 (DRD) were lodged on February 1, 
1994, with the United States District Court for New Jersey. A separate 
Consent Decree was negotiated between the United States and each of the 
following Defendants (collectively, ``Settling Defendants''): Albert 
Von Dohln and the Estate of James V. Frola; Republic Environmental 
Systems (New York) Inc., successor in interest to Chemical Management, 
Inc.; Luzon Oil Company, Inc.; Petroleum Tank Cleaners, Inc.; Snyder 
Enterprises, Inc.; Texaco Inc.; and Total Recovery, Inc. (``TRI'').
    The United States brought suit against Settling Defendants on 
September 27, 1991 pursuant to sections 106 and 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA''), as amended, 42 U.S.C. 9606 and 9607(a), seeking 
civil penalties for Settling Defendants' alleged failure to comply with 
a Unilateral Administrative Order (``UAO'') issued by the United States 
Environmental Protection Agency (``EPA'') on October 16, 1985, and 
seeking recovery of costs incurred by the United States in response to 
the release of hazardous substances at the Quanta Resources, Inc. Site, 
located at 163 River Road in the Town of Edgewater, New Jersey.
    The proposed Consent Decrees require Settling Defendants to pay 
$2,450,000; specifically, they must pay: (1) $940,000 in past response 
costs incurred by the United States for actions taken in response to 
the release of hazardous substances from the Site, (2) $725,000 in 
civil penalties and punitive damage for noncompliance with the October, 
1985 UAO, and (3) $785,000 into escrow to fund the future performance 
of certain response activities specified in the UAO.
    In addition, TRI is required to pursue best efforts in recovering 
from insurers $1,200,000 in additional response costs (including 
interest), plus $800,000 towards funding the remaining work specified 
in the UAO. The United States agrees to settle all claims addressed in 
the proposed Consent Decrees but does not agree to release Settling 
Defendants from their continuing liability at the Site.
    The Department of Justice will receive for thirty (30) days from 
the date of publication of this notice, written comments relating to 
the Consent Decrees. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530 and should refer to United 
States v. Frola, et al., D.O.J. Ref. No. 90-11-2-197A.
    The proposed Consent Decrees may be examined at the Office of the 
United States Attorney, 970 Broad Street, Newark, New Jersey 07101; at 
the Region II office of the Environmental Protection Agency, 26 Federal 
Plaza, room 437, New York, NY 10278; or at the Consent Decree Library, 
1120 G Street NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A 
copy of the proposed Consent Decrees 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 $57.50 (25 cents 
per page reproduction costs, exclusive of attachments and appendices) 
payable to ``Consent Decree Library.''
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-3156 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-01-M