[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Notices]
[Pages 36078-36079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17604]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States and State 
of Vermont v. Town of Bennington, et al., Civil Action Nos. 2:97CV197 
and 2:97CV208 was lodged on June 30, 1997, with the United States 
District Court for the District of Vermont. The complaint in this 
action seeks (1) to recover, pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. Secs. 9601 et seq., response costs incurred and to be 
incurred by the U.S. Environmental Protection Agency (``EPA'') at the 
Bennington Landfill Superfund Site located in the Town of Bennington, 
Vermont (``Site''); and (2) injunctive relief under Section 106 of 
CERCLA, 42 U.S.C. Sec. 9606. The defendants are Add, Inc., Bennington 
College, Bijur Lubricating Co., Central Vermont Public Service 
Corporation, Chemfab Corporation, CLR Corporation, Courtaulds 
Structural Composites, Inc., Eveready Battery Company, Inc., G-C-D-C, 
Inc. (f/k/a Bennington Iron Works, Inc.), H.M. Tuttle Co., Inc., 
Johnson Controls, Inc., MASCO/Schmelzer Corporation, Southwestern 
Vermont Medical Center, Textron, Inc., Town of Bennington, Vermont, 
Triangle Wire and Cable, Inc., U.S. Tsubaki, Inc., Vermont Agency of 
Transportation and Vermont Bag and Film, Inc.
    The proposed Consent Decree embodies an agreement with 5 
potentially responsible parties (``PRPs'') at the Site pursuant to 
Sections 106 and 107 of CERCLA, 42 U.S.C. Secs. 9606 and 9607: (1) to 
perform a non-time critical removal action (``NTCRA'') at the Site 
comprising the design, construction and monitoring of a multi-barrier 
cap; and (2) to implement a natural resource damages (``NRD'') 
restoration project. The proposed Consent Decree also embodies an 
agreement with 14 PRPs at the Site pursuant to Section 122(g) of 
CERCLA, 42 U.S.C. Sec. 9622(g), to pay $1,776,600, in aggregate, in 
settlement of claims for past and future response costs at the Site and 
claims for natural resource damages. The monies paid by these 14 
settlers will be used to partially fund the NTCRA and the NRD 
restoration project being performed by the 5 performing parties.
    The Consent Decree provides the settling defendants with a release 
for civil liability for EPA's and the State of Vermont's (``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, and under the trusteeship of the State.
    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.

[[Page 36079]]

    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 Vermont v. Town of 
Bennington, et al., DOJ Ref. No. 90-11-3-868A.
    The proposed consent decree may be examined at the Office of the 
United States attorney, 11 Elmwood Avenue, Burlington Vermont, 05401; 
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, NW., Fourth Floor, 
Washington , DC 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, NW., Washington, DC 20005. In 
requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $40.75 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-17604 Filed 7-2-97; 8:45 am]
BILLING CODE 4410-15-M