[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] ----------------------------------------------------------------------- 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