[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)] [Notices] [Pages 64279-64280] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-30970] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act In accordance with Departmental policy, 28 CFR 50.7, and Section 122(d)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby given that a proposed Consent Decree in United States v. City of Portsmouth, et al. and State of New Hampshire v. City of Portsmouth, et al., consolidated as Civil Action No. 98-600-SD, was lodged with the United States District Court for the District of New Hampshire on October 30, 1998. The claims in this civil action relate to the Coakley Landfill Superfund Site in North Hampton and Greenland, New Hampshire. The proposed Consent Decree resolves the United States' claims under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and Section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, on behalf of the U.S. Environmental Protection Agency (``EPA''), against 28 municipal, corporate, and other defendants (the ``Settling Defendants'') for the performance of the Operable Unit Two management of migration remedial action at the Coakley Landfill Site and reimbursement towards costs incurred by EPA relating to Operable Unit Two. In addition, the Consent Decree resolves claims by the State of New Hampshire against the Settling Defendants relating to Operable Unit Two. The Consent Decree also provides for contribution by the United States on behalf of certain agencies of the United States (the ``Settling Federal Agencies'') towards the costs of performance of the Operable Unit Two work and Operable Unit Two EPA costs. Furthermore, the Consent Decree provides for contribution by three of the Settling Defendants towards the costs of performance of Coakley Landfill Operable Unit One source control work, which is being carried out by persons other than these three Settling Defendants pursuant to a previous consent decree, as well as for contribution to EPA oversight costs for such Operable Unit One work. The twenty eight Settling Defendants are the City of Portsmouth, Town of North Hampton, Town of Newington, 1101 Islington Street, Inc., Automotive Supply Associates, Inc., BFI Waste Systems of North America, Inc., Booth Fisheries Corporation, Bournival, Inc., Customs Pools, Inc., Erie Scientific, Gary W. Blake, Inc., Great Bay Marine, Inc., GTE Operations Support Incorporated, K.J. Quinn & Co., Inc., Kmart Corporation, Mobil Oil Corporation, New England Telephone & Telegraph Company, Newington Midas Muffler, Northern Utilities, Inc., PMC Liquidation Inc., Public Service Company of New Hampshire, S&H Precision Manufacturing Co., Inc., Saef Lincoln-Mercury, Inc., Seacoast Volkswagen, Inc., Simplex Technologies, Inc., United Technologies Corporation, Waste Management of Maine, Inc., and Waste Management of New Hampshire, Inc. These defendants include former operators of the Coakley Landfill and generators and transporters of wastes taken to the Coakley Landfill. Under the terms of the Consent Decree, the Hazardous Substances Superfund will receive $999,000 from the 28 Settling Defendants as a group towards EPA Operable Unit Two past costs and $251,000 from the United States on behalf of the Settling Federal Agencies towards EPA Operable Unit Two past costs. The Settling Defendants will also perform the Remedial Design and Remedial Action (``RD/RA'') for Operable Unit Two as selected in EPA's Record of Decision dated September 30, 1994. In addition, the Settling Defendants will reimburse the EPA Hazardous Substances Superfund up to $60,000 in oversight costs relating to Operable Unit Two and, in the event that the United States or the State incurs future response costs other than oversight costs relating to Operable Unit Two, will reimburse the United States and the State for such future response costs. The United States, on behalf of the Settling Federal Agencies, will reimburse the Settling Defendants for 20.08% of the costs of Operable Unit Two work performed by the Settling Defendants, as well as 20.08% of oversight and future response costs paid by the Settling Defendants. In addition, the Hazardous Substances Superfund will receive $18,706.22 from Great Bay Marine, Inc.; $16,250.00 from 1001 Islington Street, Inc.; and $18,706.22 from Bournival, Inc., three of the Settling Defendants, towards EPA Operable Unit One oversight costs. Also, Great Bay Marine, Inc. will pay $56,118.66; 1001 Islington Street, Inc. will pay $48,750.00; and Bournival, Inc. will pay $56,118.66, over time with interest, to the Coakley Landfill Trust, a trust account set up to pay for the Operable Unit One work being performed by other parties pursuant to the previous Coakley Operable Unit One decree. 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. In addition, because the Consent Decree includes covenants not to sue the Settling Defendants under Section 7003 of RCRA, 42 U.S.C. 6973, the United States will provide an opportunity for a public meeting in the affected area, if requested within the thirty (30) day public comment period. See 42 U.S.C. Sec. 6973(d). Any comments and/or requests for a public meeting should be addressed to the Assistant Attorney General of the Environment and Natural Resources Division, Department of Justice, Washington, DC 20530, and should refer to United States v. City of Portsmouth, et al., Civil Action No. 98-600-SD, D.J. Ref. 90-11-2-678B. [[Page 64280]] The proposed Consent Decree may be examined at the Office of the United States Attorney, District of New Hampshire, 55 Pleasant Street, Concord, New Hampshire 03301, at the Region I office of the Environmental Protection Agency, One Congress St., Boston, Massachusetts 02203, and at the Consent Decree Library, 1120 G Street, NW., 3rd 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 enclose a check in the amount of $62.25, payable to the Consent Decree Library for the 25 cent per page reproduction cost. Bruce S. Gelber, Deputy Chief, Environmental Enforcement Section, Environmental and Natural Resources Division. [FR Doc. 98-30970 Filed 11-18-98; 8:45 am] BILLING CODE 4410-15-M