[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]
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