[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69147-69148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30960]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on December 22, 2009, a proposed
Consent Decree in United States v. Ausimont Industries, Inc., et al.,
Civil Action No. 1:09-cv-12169, was filed with the United States
District Court for the District of Massachusetts, Eastern Division.
In this action, the United States sought injunctive relief for
remedial cleanup, recovery of response costs, and damages for injuries
to natural resources against 49 defendants (``Settling Defendants),
relating to the Sutton Brook Disposal Area Superfund Site in Tewksbury,
Massachusetts (``Site''), pursuant to Sections 106 and 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9606 and 9607(a). The Commonwealth of
Massachusetts (``Commonwealth'') has asserted parallel claims under
CERCLA and related State provisions, and is a co-plaintiff to the
proposed Consent Decree.
To resolve the United States' injunctive relief claim under Section
106 of CERCLA, 42 U.S.C. 9606, the proposed Consent Decree requires 20
Settling Defendants to perform the Remedial Design/Remedial Action set
forth in the Record of Decision for the Site (``Performing Settling
Defendants''). This remedial cleanup includes construction of a multi-
layer, impermeable cap over the area of the Site that was a former
landfill; construction of a groundwater pump and treatment system to
collect and treat contaminated groundwater; long-term monitoring; and
implementation of restrictions on future uses of the Site. The total
estimated cost of the remedial cleanup for the Site is approximately
$30 million ($29.98 million).
To resolve the United States' claims for cost recovery and damages
for injuries to natural resources under Section 107 of CERCLA, 42
U.S.C. 9607, the Consent Decree requires Settling Defendants to
reimburse the United States for all future response costs, and costs
incurred to oversee the remedy, as set forth in the Consent Decree.
Settling
[[Page 69148]]
Defendants will also reimburse the Commonwealth for all future response
costs, costs incurred to oversee the remedy, and $512,000 in past
response costs. In addition, Settling Defendants will pay $825,000 to
the U.S. Department of Interior, which includes $62,752 in assessment
costs, to be used to fund restoration projects in connection with the
Site for natural resources under the Federal and/or joint Federal and
State trusteeship. Settling Defendants will also pay $825,000 to the
Commonwealth, which includes $44,270 in assessment costs, to be used to
fund restoration projects in connection with the Site for natural
resources under the Commonwealth's trusteeship.
Beside the 20 Performing Settling Defendants, the proposed Consent
Decree includes six Cashout Settling Defendants and 23 De Minimis
Settling Defendants, each of whom will pay its respective allocated
share of responsibility for the Site contamination, including standard
premiums, into a trust to be used by the Performing Settling Defendants
to pay for the remedial cleanup, response costs, and damages for
injuries to natural resources. In exchange for the payments to be made
and work to be performed, the Settling Defendants will receive
contribution protection and a covenant not to sue under Sections 106
and 107 of CERCLA for remedial cleanup, response costs, and natural
resources damages relating to the Site, subject to certain reservation
of rights.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the 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
either: United States v. Ausimont Industries, Inc., et al., Civil
Action No. 1:09-cv-12169, D.J. Ref. 90-11-2-07854/1 and 90-11-2-07854/
2. The Consent Decree may be examined at the Office of the United
States Attorney for the District of Massachusetts, One Courthouse Way,
Suite 9200, Boston, Massachusetts, and at U.S. EPA Region 1, 5 Post
Office Square--Suite 100, Boston, Massachusetts. During the public
comment period, the Consent Decrees may also be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check, payable to the U.S. Treasury, in the amount of $112.75 (25 cents
per page reproduction cost), or, if by e-mail or fax, forward a check
in the applicable amount to the Consent Decree Library at the stated
address. In requesting a copy exclusive of exhibits and signature
pages, please enclose a check, payable to the U.S. Treasury, in the
amount of $18 (25 cents per page reproduction cost).
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-30960 Filed 12-29-09; 8:45 am]
BILLING CODE 4410-15-P