[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6728]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF JUSTICE
 

Lodging of Consent Decree Pursuant to the Toxic Substances 
Control Act (``TSCA''), 15 U.S.C. 2601 et seq.

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. New 
Waterbury, Ltd., et al., Civil Action No. 91CV00688 (WWE), was lodged 
on March 1, 1994 with the United States District Court for the District 
of Connecticut. The consent decree resolves an action based on 
violations which occurred at the New Waterbury industrial facility 
located at 59 Mill Street in Waterbury, Connecticut (``facility''). The 
facility is approximately 100 buildings on 100 acres in downtown 
Waterbury, Connecticut and was used for years in the manufacture of 
brass and copper products. New Waterbury, Ltd., a real estate 
development limited partnership, acquired the manufacturing facility in 
1987 from the former Century Brass Products, Inc.
    Settling defendants are storing PCB equipment and drums of PCB 
waste in a building that does not comply with the structural 
requirements for PCB storage areas established by 40 CFR 761.65(b) (it 
lacks an adequate roof and walls to prevent contact with rain water, 
adequate spill containment, and surfaces impervious to PCB 
penetration). Until the filing of the complaint settling defendants had 
not been conducting monthly leak inspections as required by 40 CFR 
761.65(c)(5).
    The PCB equipment and waste drums have been stored at the facility 
since before 1987, in violation of 40 CFR 761.65(a). In addition, 
settling defendants are operating a commercial PCB storage facility 
without having applied for and received Region I approval, in violation 
of 40 CFR 761.65(d).
    Pursuant to this proposed consent decree, settling defendants will 
remove and properly dispose of all PCB equipment and PCB waste by 
August 15, 1995. Settling defendants will also clean up any spills of 
PCBs derived from the storage of PCB equipment and PCB waste. The cost 
of PCB removal and disposal under the consent decree is estimated at 
nearly $500,000.
    Pending proper disposal, settling defendants will provide and 
maintain adequate temporary storage measures to prevent and contain PCB 
leaks and minimize the risks of fire and vandalism, will keep proper 
records on the stored PCBs, and will report monthly to EPA.
    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, Washington, DC 20530, and should refer to United 
States v. New Waterbury, Ltd., et al., DOJ Ref. # 90-5-1-1-3713.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 141 Church Street, New Haven, Connecticut; the 
Region I Office of the Environmental Protection Agency, 1 Congress 
Street, Boston, Massachusetts; and at the Consent Decree Library, 1120 
G Street, NW., 4th Floor, Washington, DC 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 $12.00 (25 cents 
per page reproduction costs), payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-6728 Filed 3-22-94; 8:45 am]
BILLING CODE 4410-01-M