[Federal Register Volume 66, Number 199 (Monday, October 15, 2001)]
[Notices]
[Page 52450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25880]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amendment to Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'')

    In accordance with 28 CFR 50.7 and 42 U.S.C. 9622(d)(2), notice is 
hereby given that on September 21, 2001, an Amendment to Consent Decree 
in United States of America, et al. v. Richard Dingwell, d/b/a The 
McKin Company, et al., Civil Action No. 88-0101 B, was lodged with the 
Untied States District Court for the District of Maine.
    The original Consent Decree, entered on November 21, 1988 (``1988 
Consent Decree''), settled claims of the EPA and the State of Maine 
pursuant to Sections 106 and 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606, 
9607(a), against Settling Parties who were alleged to be liable as 
generators of hazardous substances sent to the McKin Superfund Site 
(``Site'') in Gray, Maine. Under the 1988 Consent Decree, the Settling 
Parties agreed to perform the remedy set forth in a 1985 Record of 
Decision (``ROD'') and to pay EPA's response costs. The remedy included 
pumping and treating of groundwater contaminated with trichloroethylene 
(``TCE''), with a goal that within five years it would attain a 
specified performance standard. The Settling Parties operated the pump 
and treat system for four years without attaining the performance 
standard for groundwater. EPA, with the concurrence of the State of 
Maine, issued a Finding of Technical Impracticability in January, 2001, 
and in March 2001, amended the Record of Decision to modify the remedy 
for remediation of the groundwater that was selected in 1985. The 
amended Record of Decision provides for (1) institutional controls to 
prevent use of the groundwater; (2) monitoring of the groundwater plume 
to demonstrate that it is not expanding; (3) monitoring of the Royal 
River; and (4) performing five year reviews in accordance with 
Sec. 121(c) of CERCLA, 42 U.S.C. Sec. 9621(c). Under the Amendment to 
Consent Decree the Settling Parties will implement the remedy in the 
Amended Record of Decision, pay $650,000 to EPA for response costs, and 
pay $45,000 to the State for activities to protect the Royal River and 
its watershed. Along with other requirements related to institutional 
controls, the Settling Parties will pay for conservation easements 
along the Royal River, and purchase an insurance policy in case of 
continued contamination of the Royal River.
    The Department of Justice will receive a period of thirty (30) days 
from the date of this publication comments relating to the Amendment to 
Consent Decree. Comments should be addressed to the Assistance Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States of America, et al. v. Richard Dingwell, d/b/a The 
McKin Company, et al., Civil Action No. 88-0101 B, D.J. Ref. 90-11-2-
133.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Maine, 100 Middle Street, Portland, 
Maine 04101, and at EPA Region 1, Office of Environmental Stewardship, 
One Congress Street, Boston, Massachusetts (Attn: Marcia Lamel). A copy 
of the Consent Decree may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611. In requesting a copy, please enclose a check payable to 
the Consent Decree Library in the amount of $83.25 (25 cents per page 
reproduction cost) for a copy including appendices, or $7.00 (25 cents 
per page reproduction cost) for a copy exclusive of appendices.

Catherine R. McCabe,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, U.S. Department of Justice.
[FR Doc. 01-25880 Filed 10-12-01; 8:45 am]
BILLING CODE 4410-15-M