[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Page 58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5023]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Pursuant to Comprehensive
Environmental Response, Compensation and Liability Act and Other
Authorities
Notice is hereby given that on October 1, 2007, a proposed
settlement in United States v. Textron Systems Corporation, Civil No.
1:07-cv-11846-NG, and Commonwealth of Massachusetts v. Textron Systems
Corporation, Civil No. 1:07-cv-11848-NG, was lodged with the United
States District Court for the District of Massachusetts.
In these actions, (1) the United States resolves claims for cost
recovery, injunctive relief, natural resource damages and contractual
relief against Textron Systems Corporation pursuant to Sections 106 and
107 of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), 42 U.S.C. 9606 and 9607; Section 7003 of the
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6973; Section
1431 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300; ch. 21E of
the Massachusetts Oil and Hazardous Material Release Prevention and
Response Act; and contracts between the United States and Textron
Systems Corporation related to the Massachusetts Military Reservation
Site on Cape Cod, Massachusetts (MMR or the Site); and (2) the
Commonwealth of Massachusetts resolves claims for natural resource
damages pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, and ch. 21E
of the Massachusetts Oil and Hazardous Material Release Prevention and
Response Act at the Site.
Pursuant to the Consent Decree Between United States of America,
Commonwealth of Massachusetts and Textron Systems Corporation, Textron
Systems Corporation will pay $5.6 million to the Army, through its
Environmental Restoration Account; $800,000 to be deposited in a
Special Account to pay EPA's future oversight costs relating to the
Site; and $1.3 million to the Commonwealth and federal natural
resources trustees for natural resource damage claims by the
Commonwealth and the United States. In addition, Textron Systems
Corporation will conduct decommissioning and removal of the site
buildings, structures and debris from the MMR J-3 Range. The Decree
provides Textron Systems Corporation with a covenant not to sue under
the authorities listed above; it does not select the response actions
at the Site, nor does it resolve the liability of other potentially
responsible parties who remain available to perform work or provide
other relief in connection with the Site.
The Department of Justice will receive for a period of 30 days from
the date of this publication, comments relating to the settlement.
Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either e-mailed to
[email protected] or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. Textron Systems Corporation, D.J. Ref. 90-11-2-975/2.
In addition, pursuant to M.G.L. ch. 21E, comments on the Consent
Decree may also be separately submitted to the Commonwealth of
Massachusetts to the attention of Dale Young, Director, Natural
Resource Damages Program, Executive Office of Energy and Environmental
Affairs, 100 Cambridge Street, Suite 900, Boston, Massachusetts 02114.
Pursuant to ch. 21E Sec. 3A(j)(2), the Commonwealth may receive
comments up to 120 days after the October 1, 2007 date of lodging of
the Consent Decree.
The settlement may be examined at the Office of the United States
Attorney, District of Massachusetts, United States Courthouse, 1
Courthouse Way--Suite 9200, Boston, Massachusetts 02210. During the
federal public comment period, the settlement may also be examined on
the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the settlement 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 number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $13,50 (25 cents per page reproduction cost)
payable to the U.S. Treasury or, if by e-mail or fax, forward a check
in that amount to the Consent Decree Library at the stated address.
W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-5023 Filed 10-11-07; 8:45 am]
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