[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Page 30166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11584]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Second Consent Decree Pursuant to
Comprehensive Environmental Response, Compensation, and Liability Act
Notice is hereby given that on May 15, 2008, a proposed Second
Consent Decree in United States of America and the State of New
Hampshire v. City of Dover, et al., Civil Action No. 1:92-cv-406-M, was
lodged with the United States District Court for the District of New
Hampshire.
The proposed Second Consent Decree is between Plaintiffs the United
States of America and the State of New Hampshire, and Defendants the
City of Dover, BFI Waste Systems of North America, LLC, CVS Pharmacy,
Inc., ElectroCraft New Hampshire, Inc., Town of Madbury, Moore Wallace
North America, Inc., Leonard Rosen, Siebe Inc., Wentworth-Douglass
Hospital, Bayhead Products Corporation, Cleary Cleaners, Dover
Technologies International, Inc., Electric Motor Servicenter, Inc., J&E
Specialty, Inc., General Electric Company, George J. Foster & Company,
Inc., Northeast Container Corporation, Portland Glass, Public Service
of New Hampshire, United Parcel Service, Inc., Varney's Cleaners and
Laundercenter, Verizon New England, Inc., Waste Management of Maine,
Inc., and Waste Management of New Hampshire, Inc. (collectively, the
``Settling Defendants''). The Second Consent Decree amends an original
settlement of the United States' claims against the Settling Defendants
under Sections 106 and 107(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (``CERCLA''), 42
U.S.C. 9606, 9607(a), and Section 7003 of the Resource Conservation and
Recovery Act, as amended (``RCRA''), 42 U.S.C. 6973, and the State of
New Hampshire's claims against the Settling Defendants under Section
107 of CERCLA, 42 U.S.C. 107, Section 7003 of RCRA, 42 U.S.C. 6973, New
Hampshire RSA 147-B, and the New Hampshire common law of nuisance.
Pursuant to the Second Consent Decree, nine Settling Defendants,
referred to in the Second Consent Decree as ``Work Settling
Defendants,'' will finance and perform the selected source control and
groundwater remedies at the Site, estimated to cost $19.4 million. In
addition, the Work Settling Defendants will reimburse the United States
for all past and future response costs, with the exception of the first
$100,000 in future response costs incurred by the United States and the
first $25,000 in future response costs incurred by the United States in
connection with a contingent groundwater remedy, if this contingent
remedy is performed. Further, the Work Settling Defendants will
reimburse the State of New Hampshire for all future response costs. The
remaining Settling Defendants, referred to as ``Cash-Out Settling
Defendants'' made a financial contribution toward the Site cleanup
pursuant to the original settlement, and are not required to make a
further payment under the Second Consent Decree.
The Second Consent Decree includes a covenant not to sue by the
United States under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606,
9607(a), and Section 7003 of RCRA, 42 U.S.C. 6973, and a covenant not
to sue by the State of New Hampshire under Section 107(a) of CERCLA, 42
U.S.C. 107(a), Section 7003 of RCRA, 42 U.S.C. 6973, New Hampshire RSA
147-A:9 and 147-B:10, and the New Hampshire common law of nuisance.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Second Consent Decree. 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 of America and the State of New Hampshire
v. City of Dover, et al., Civil Action No. 1:92-cv-406-M, D.J. Ref. 90-
11-2-735. Commenters may request an opportunity for a public meeting in
the affected area, in accordance with Section 7003(d) of RCRA, 42
U.S.C. 6973(d).
The proposed Second Consent Decree may be examined at the Office of
the United States Attorney, District of New Hampshire, 53 Pleasant
Street, Concord, New Hampshire 03301, and at the United States
Environmental Protection Agency, Region I, 1 Congress Street, Suite
1100, Boston, Massachusetts 02114-2023. During the public comment
period, the proposed Second Consent Decree may also be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 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 or by faxing or
e-mailing a request to Tonia Fleetwood ([email protected]), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. If
requesting a copy by mail from the Consent Decree Library, please
enclose a check in the amount of $211.00 ($0.25 per page reproduction
cost) payable to the United States Treasury or, if requesting by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address. If requesting a copy exclusive of exhibits and the
parties' signature pages, please enclose a check in the amount of
$25.50 ($0.25 per page reproduction cost) payable to the United States
Treasury.
Maureen M. Katz,
Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. E8-11584 Filed 5-22-08; 8:45 am]
BILLING CODE 4410-15-P