[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28220]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF JUSTICE
 

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    In accordance with Departmental policy, 28 CFR 50.7 and 42 U.S.C. 
9622(d), notice is hereby given that a proposed consent decree in 
United States v. AMF Reece, et al., Civil Action No. 94-12153 (EFH) was 
lodged on October 28, 1994, with the United States District Court for 
the District of Massachusetts. The consent decree settles an action 
brought under the Comprehensive Environmental Response, Compensation 
and Liability Act, 42 U.S.C. 9601 et seq., and the Resource 
Conservation and Recovery Act, 42 U.S.C. 6901 et seq., for injunctive 
relief and reimbursement of costs. The PSC Resources Superfund Site was 
operated as a waste oil recycling facility from 1970 to 1978 and is 
located in Palmer, Massachusetts. As a result of the waste oil 
operations, the Site became contaminated with hazardous substances and 
was placed on the National Priorities List. The Environmental 
Protection Agency performed a removal action and a remedial 
investigation and feasibility study to identify the nature and extent 
of the contamination at the Site and to examine how best to remediate 
the Site.
    Under the terms of the proposed decree, eleven defendants 
(``Performing Settling Defendants'') will perform the required 
remediation of the Site. The remediation is today estimated to cost 
$7.35 million. A remedial trust fund will be established to fund the 
remedy. Approximately one hundred and forty-five (145) de minimis 
settling defendants will contribute $3,755,484 to the remedial trust 
fund. The New Jersey Department of Transportation will contribute $3.5 
million and the federal agencies will contribute $625,152, 
respectively, to the remedial trust fund. The Performing Settling 
Defendants and settling federal agencies will pay $3,175,000 to the 
Environmental Protection Agency and Commonwealth of Massachusetts for 
costs incurred in performing the RI/FS, removal activities and for 
other past costs and interest, totalling $4,291,333. The Performing 
Settling Defendants within 30 days of entry of the decree will also pay 
$153,720 to the Department of Interior in compensation for natural 
resource damages. Additionally, over the course of the remediation, the 
Performing Settling Defendants will pay $537,500 of an estimated 
$575,000 in oversight costs to the Environmental Protection Agency and 
the Commonwealth.
    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, D.C. 20530, and should refer to the 
United States v. AMF Reece, et al., DOJ reference #90-11-2-922.
    The proposed consent decree may be examined at: The Office of the 
United States Attorney for the District of Massachusetts. 1003 J.W. 
McCormack Post Office and Courthouse, Boston, Massachusetts; the Region 
I Office of the Environmental Protection Agency, J.F. Kennedy Federal 
Building, Boston, Massachusetts; and at 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, N.W. 4th Floor, 
Washington, D.C. 20005. In requesting a copy of the Consent Decree 
(without signature pages or attachments), please enclose a check in the 
amount of $36.50 (25 cents per page reproduction costs), payable to the 
Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 94-28220 Filed 11-15-94; 8:45 am]
BILLING CODE 4410-01-M