[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25767]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF JUSTICE
 

Notice of Lodging of De Minimis Consent Decree Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act 
and the Resource Conservation and Recovery Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Early De Minimis Consent Decree in United 
States and State of Connecticut v. A.F. Murphy Die & Machine Co., Inc., 
et al., Civil Actions Nos. 394:CV1667 and 394:CV1668 was lodged on 
September 29, 1994 with the United States District Court for the 
District of Connecticut. The complaint in this action seeks (1) to 
recover, pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') 42 U.S.C. 9601 et seq., 
response costs incurred and to be incurred by EPA at the Solvents 
Recovery Service of New England, Inc. Superfund Site located in the 
Town of Southington, Connecticut (``Site'') and natural resources 
damages at the Site; and (2) injunctive relief under Section 106 of 
CERCLA, 42 U.S.C. 9606, and Section 7003 of the Resource Conservation 
and Recovery Act (``RCRA''), 42 U.S.C. 9673.
    The proposed Early De Minimis Consent Decree embodies an agreement 
with 840 parties, representing 882 potentially responsible parties 
(``PRPs'') at the Site pursuant to Section 122(g) of CERCLA, 42 U.S.C. 
9622(g): (1) To reimburse EPA and the State of Connecticut for a 
portion of their past and future response costs at the Site; (2) to pay 
partial damages to the U.S. Department of the Interior for injury to, 
destruction of, or loss of natural resources at the Site under the 
trusteeship of the Secretary of the Interior. Of the $6.7 million 
generated by the settlement, approximately $1.9 million and $420,000 
will be paid to EPA and the State of Connecticut, respectively, for 
reimbursement of past response costs; $60,000 will be paid to the 
Department of the Interior for natural resource damages; $1.8 million 
will be used for the partial funding of a non-time-critical removal 
action (``NTCRA'') being performed at the Site by the larger-volume 
generator PRPs; and the remaining $2.5 million will be set aside for 
the funding of future remedial actions at the Site. The NTCRA 
comprises, inter alia, the installation and operation of a groundwater 
containment system designed to prevent further migration from the Site 
of contaminated groundwater. The Early De Minimis Consent Decree also 
provides the settling defendants with a release for civil liability for 
EPA's and the State's past and future CERCLA response costs and natural 
resource damages at the Site for resources under the trusteeship of the 
Secretary of the Interior and the Secretary of Commerce, through the 
National Oceanic and Atmospheric Administration.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Early De Minimis Consent Decree. Comments should be addressed 
to the Assistant Attorney General for the Environmental and Natural 
Resources Division, Department of Justice, P.O. Box 7611, Ben Franklin 
Station, Washington, D.C. 20044, and should refer to United States and 
State of Connecticut v. A.F. Murphy Die & Machine Co., Inc., et al., 
DOJ Ref. No. 90-7-1-23C.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 157 Church Street, 23rd Floor, New Haven, 
Connecticut 06510; the Region I Office of the Environmental Protection 
Agency, Region I Records Center, 90 Canal Street, First Floor, Boston, 
MA 02203; and at the Consent Decree Library, 1120 G Street, N.W., 
Fourth Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, Fourth Floor, N.W., Washington, 
D.C. 20005. In requesting a copy, please refer to the referenced case 
and enclose a check in the amount of $244.00 (25 cents per page 
reproduction costs), payable to the Consent Decree Library. If you wish 
to receive a copy without the settlers' signature pages, please so 
indicate, and enclose a check in the amount of $34.00 payable to the 
Consent Decree Library.
Bruce S. Gelber,
Acting Chief Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-25767 Filed 10-17-94; 8:45 am]
BILLING CODE 4410-01-M