[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Notices]
[Pages 30483-30484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10488]


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DEPARTMENT OF JUSTICE


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

    Consistent with Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), 
and 28 CFR 50.7, notice is hereby given that on

[[Page 30484]]

May 6, 2005, proposed Consent Decrees in United States v. Brook Village 
Associates Limited Partnership and United States v. Centerdale Manor 
Associates, Civil Action No. 05-CV-195, were lodged with the United 
States District Court for the District of Rhode Island. The proposed 
Consent Decrees resolve the United States' claims under Sections 106 
and 107(a) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607(a), and Section 
7003 of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, 
against Brook Village and Centerdale Manor relating to natural resource 
damages and response costs that have been or will be incurred at or 
from a Site known as the Centerdale Manor Restoration Project Superfund 
Site located in North Providence, Rhode Island. These settlements are 
based in part upon Brook Village's and Centerdale Manor's limited 
ability to pay. The Brook Village Consent Decree requires Brook Village 
to pay a total of $1,451,936 as follows: $1,129,331.12 to the United 
States Environmental Protection Agency (``EPA''), which will be placed 
in a Superfund special account; $68,450 to the Department of the 
Interior (``DOI'') for natural resource damages and assessment costs; 
$150,000 to an escrow account to cover Brook Village's ongoing 
obligations under previous enforcement orders; $104,154.88 to the State 
of Rhode Island; and 75% of any future insurance recoveries shall be 
paid to EPA. The Centerdale Manor Consent Decree requires Centerdale 
Manor to pay $2,311,364 as follows: $1,920,004.88 to EPA, which will be 
placed in a Superfund special account; $68,450 to DOI for natural 
resource damages and assessment costs; $150,000 to an escrow account to 
cover Centerdale Manor's ongoing obligations under previous enforcement 
orders; $172,909.12 to the State; and 100% of any future insurance 
recoveries shall be paid to EPA. The Brook Village and Centerdale Manor 
Consent Decrees provide covenants not to sue and contribution 
protection to Brook Village and Centerdale Manor and to current and 
former general and limited partners, and their officers, directors, 
heirs, successors and assigns, but only to the extent that the alleged 
liability of such persons is based solely on their status as and in 
their capacity as a partner, officer, director, heir, successor, or 
assign of Brook Village or Centerdale Manor. The Consent Decrees also 
provide a covenant not to sue and contribution protection to the Rhode 
Island Housing and Mortgage Finance Corporation.
    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, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Centerdale Manor, and/or United States v. 
Brook Village, D.J. Ref. 90-11-3-07101.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Fleet Center, 50 Kennedy Plaza, 8th Floor, 
Providence, Rhode Island 02903 and at U.S. EPA, Region 1, One Congress 
Street, Boston, MA. During the public comment period, the Consent 
Decree may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed 
Consent Decrees may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. For a copy of the proposed Consent Decree including 
the signature pages and attachments, please enclose a check in the 
amount of $14.00 (25 cents per page reproduction cost) payable to 
``U.S. Treasury.''

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 05-10488 Filed 5-25-05; 8:45 am]
BILLING CODE 4410-15-M