[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Notices]
[Pages 3730-3731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2136]



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[[Page 3731]]



DEPARTMENT OF JUSTICE

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

    In accordance with 42 U.S.C. 9622(d), 42 U.S.C. 6973(d), and 28 CFR 
50.7, notice is hereby given that on January 24, 1996, a proposed 
consent decree in United States of America v. City of Somersworth, 
N.H., et al., Civil Action No. 96-046-JD, was lodged with the United 
States District Court for the District of New Hampshire. The United 
States' complaint sought injunctive relief and recovery of response 
costs under the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), and the Resource Conservation and Recovery 
Act (``RCRA''), in regard to the Somersworth Sanitary Landfill 
Superfund Site (``Somersworth Landfill Site'') in Somersworth, New 
Hampshire, against the City of Somersworth, N.H. (``City''), General 
Electric Company (``GE''), Browning-Ferris Industries of New Hampshire, 
Inc., Cate's Rubbish Removal Services, Inc., Waste Management of Maine, 
Inc./Waste Management of New Hampshire, Inc./Waste Management of North 
America, Inc., D.F. Richard, Inc., Exeter & Hampton Electric Company, 
Fortier & Son, Inc., General Linen Service Co., Inc., J.A. Prince & 
Sons, Inc., Mid-way Buick, Pontiac GMC Truck, Inc., New England 
Telephone & Telegraph Company, New Hampshire Printers & Business Forms, 
Inc., Public Service Company of New Hampshire, R.M. Rouleau, Inc., 
Riverside Garage & Leasing, Inc., Robbins Auto Parts, Inc., Somersworth 
Nissan, Inc., Tri-City Dodge, Inc./Tri-City Subaru, Inc., and Gagnon's 
Auto Body, Inc. The State of New Hampshire is also a plaintiff in the 
action.
    The Consent Decree provides that the City and GE will implement the 
remedial design and remedial action selected by EPA in the Record of 
Decision dated June 21, 1994, for the Somersworth Landfill Site. The 
Consent Decree also provides that the defendants will pay $283,181 to 
the Superfund for past response costs incurred by the U.S. 
Environmental Protection Agency, $3,000 to the U.S. Department of the 
Interior for natural resource damage assessment costs, and $10,669 to 
the State of New Hampshire for past response costs incurred by the 
State of New Hampshire. The Consent Decree includes a covenant not to 
sue by the United States under Sections 106 and 107 of the CERCLA, 42 
U.S.C. 9606 and 9607, and under Section 7003 of RCRA, 42 U.S.C. 6973.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States versus City of Somersworth, N.H., et al., D.J. Ref. 90-
11-3-1311A. 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. Sec. 6973(d).
    The proposed Consent Decree may be examined at the office of the 
United States Attorney, 55 Pleasant St., Rm. 312, Concord, New 
Hampshire 03301 and at the New England Region office of the 
Environmental Protection Agency, One Congress St., Boston, 
Massachusetts 02203. The proposed Consent Decree may also be examined 
at the Consent Decree Library, 1120 G. St., N.W., 4th Floor, 
Washington, D.C. 20005, 202-624-0892. A copy of the proposed Consent 
Decree (without appendices) may be obtained in person or by mail from 
the Consent Decree Library, 1120 G. St., N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy, please enclose a check in the amount 
of $40.75 (25 cents per page reproduction cost) payable to the 
``Consent Decree Library.''
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 96-2136 Filed 1-31-96; 8:45 am]
BILLING CODE 4410-01-M