[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Page 53656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27207]


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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

    Notice is hereby given that a proposed consent decree in the action 
entitled United States v. Taylor, et al., Civil Action No. 
97CV12201EFH, was lodged on September 30, 1997, with the United States 
District Court for the District of Massachusetts. The proposed consent 
decree resolves the United States's claims against several potentially 
responsible parties (``Settling Defendants'') at the Nyanza Chemical 
Waste Dump Superfund Site, located in Ashland, Massachusetts 
(``Site''), under the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et 
seq. The consent decree will also resolve the claims of the 
Commonwealth of Massachusetts (``Commonwealth'') in connection with the 
Site under CERCLA and the Massachusetts Oil and Hazardous material 
Release Prevention and Response Act, M.G.L. c. 21E. The Settling 
Defendants include Scott D. Taylor, individually; the Estate of Roland 
E. Derby, Jr.; Scott D. Taylor in his capacity as Administrator of the 
Estate of Roland E. Derby, Jr.; the Estate of Roland E. Derby, Sr., and 
Edward M. Lynch, Jr. in his capacity as Executor of the Estate of 
Roland E. Derby, Sr. The consent decree includes a covenant not to sue 
by the United States under, inter alia, Sections 106 and 107 of CERCLA, 
42 U.S.C. Secs. 9606 and 9607 (including claims for natural resource 
damages), and under Section 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973.
    Under the proposed consent decree, Scott D. Taylor will make a 
payment to the United States and the Commonwealth in the amount of 
$565,000 over a three-year period, plus interest. Of the $565,000 
total, $424,000 will be paid the United States (EPA) as reimbursement 
for response costs incurred in connection with the Site, $106,000 will 
be paid to the Commonwealth as reimbursement for response costs 
incurred in connection with the Site, and $35,000 will be paid to the 
United States and the Commonwealth in connection with claims for 
natural resource damages. In addition, if the gross insurance proceeds 
recovered by the Settling Defendants in connection with the Site exceed 
$425,000, Settling Defendants shall pay to the United States and the 
Commonwealth 80% of the amount in excess of $425,000.
    The Department of Justice will receive, for a period of up to 
thirty days from the date of this publication, comments relating to the 
proposed consent decree. Any comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, P.O. Box 7611, Ben Franklin Station, Washington, D.C. 20044, 
and should refer to United States v. Taylor, et al., DOJ Ref. Number 
90-11-2-340B. 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.
    The proposed consent decree may be examined at the Environmental 
Protection Agency, One Congress Street, Boston, Massachusetts (contact 
Joanna Jerison at 617-565-3350) and at 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 $13.25 (25 cents 
per page reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 97-27207 Filed 10-14-97; 8:45 am]
BILLING CODE 4410-15-M