[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Page 54707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26363]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act of 1980 as 
Amended

    In accordance with Department of Justice policy, 28 CFR 50.7, 
notice is hereby given that a proposed consent decree in United States 
v. International Paper Company, et al., Civil No. 94-4681 (BDP), was 
lodged on September 29, 1995, with the United States District Court for 
the Southern District of New York. The decree resolves claims of the 
United States against defendants I.S.A. In New Jersey, Inc. (``ISA'') 
and Round Lake Sanitation Corporation (``Round Lake'') in the above-
referenced action under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') for contamination at the 
Warwick Superfund Site in the Town of Warwick, Orange County, New York 
(the ``Site''). In the proposed consent decree, the defendants agree to 
pay the United States $487,500 in settlement of the United States' 
claims for past response costs incurred by the Environmental Protection 
Agency at the Site and $262,500 in settlement of the United States' 
claims for civil penalties and damages for ISA's and Round Lakes' 
failure or refusal to comply with Unilateral Administrative Orders 
issued to them. The payments will be made from an escrow account as 
noted below.
    In 1991, ISA, Round Lake, and other entities and individuals were 
indicted by a grand jury empaneled in the United States District Court 
for the Southern District of New York on numerous federal felony 
charges. According to a subsequent plea agreement, ISA and Round Lake, 
and other entities, were required to be sold to unrelated third 
parties. In 1994, the United States entered into an Agreement and 
Covenant Not To Sue under CERCLA with Browning-Ferris Industries of New 
York, Inc.; Browning-Ferris Industries of Paterson, N.J., Inc.; and 
Browning-Ferris Industries of South Jersey, Inc. (collectively referred 
to as ``BFI'') regarding BFI's prospective purchase of the assets of 
ISA, Round Lake, and the other entities. In exchange for this Agreement 
and Covenant Not To Sue, BFI paid $250,000 to the United States, from 
which $187,500 was paid towards past response costs incurred by EPA at 
the Warwick Site. Upon the sale of the assets of ISA, Round Lakes, and 
the other entities, ISA and Round Lake paid $1,000,000 of the sale 
price into an escrow account to be used to resolve certain liability to 
the United States pursuant to CERCLA at several sites, including the 
Warwick Site, the Hertel Superfund Site in the Town of Plattekill, New 
York, the Ramapo Superfund Site in the Town of Ramapo. New York, and 
the Kin-Buc Superfund Site in Edison, New Jersey. The balance of the 
proceeds of BFI's purchase of the assets of ISA, Round Lake, and the 
other entities has been used to satisfy a $5,000,000 criminal fine, 
$3,500,000 in federal and state tax liability, and $300,000 of 
liabilities to other creditors.
    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 for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. International Paper Company, et al., DOJ Ref. Number 
90-11-3-812.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 100 Church Street, New York, NY, 10007; the 
Region II Office of the Environmental Protection Agency, 290 Broadway, 
New York, NY 10278; and the Consent Decree Library, 1120 G Street, 
N.W., 4th 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, N.W. 4th Floor, Washington, D.C. 
20005. In requesting a copy, please refer to the referenced case and 
enclose a check in the amount of $5.25 (25 cents per page reproduction 
costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 95-26363 Filed 10-24-95; 8:45 am]
BILLING CODE 4410-01-M