[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64279-64280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30970]


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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 Departmental policy, 28 CFR 50.7, and Section 
122(d)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby 
given that a proposed Consent Decree in United States v. City of 
Portsmouth, et al. and State of New Hampshire v. City of Portsmouth, et 
al., consolidated as Civil Action No. 98-600-SD, was lodged with the 
United States District Court for the District of New Hampshire on 
October 30, 1998. The claims in this civil action relate to the Coakley 
Landfill Superfund Site in North Hampton and Greenland, New Hampshire.
    The proposed Consent Decree resolves the United States' claims 
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and Section 
7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 
U.S.C. 6973, on behalf of the U.S. Environmental Protection Agency 
(``EPA''), against 28 municipal, corporate, and other defendants (the 
``Settling Defendants'') for the performance of the Operable Unit Two 
management of migration remedial action at the Coakley Landfill Site 
and reimbursement towards costs incurred by EPA relating to Operable 
Unit Two. In addition, the Consent Decree resolves claims by the State 
of New Hampshire against the Settling Defendants relating to Operable 
Unit Two. The Consent Decree also provides for contribution by the 
United States on behalf of certain agencies of the United States (the 
``Settling Federal Agencies'') towards the costs of performance of the 
Operable Unit Two work and Operable Unit Two EPA costs. Furthermore, 
the Consent Decree provides for contribution by three of the Settling 
Defendants towards the costs of performance of Coakley Landfill 
Operable Unit One source control work, which is being carried out by 
persons other than these three Settling Defendants pursuant to a 
previous consent decree, as well as for contribution to EPA oversight 
costs for such Operable Unit One work.
    The twenty eight Settling Defendants are the City of Portsmouth, 
Town of North Hampton, Town of Newington, 1101 Islington Street, Inc., 
Automotive Supply Associates, Inc., BFI Waste Systems of North America, 
Inc., Booth Fisheries Corporation, Bournival, Inc., Customs Pools, 
Inc., Erie Scientific, Gary W. Blake, Inc., Great Bay Marine, Inc., GTE 
Operations Support Incorporated, K.J. Quinn & Co., Inc., Kmart 
Corporation, Mobil Oil Corporation, New England Telephone & Telegraph 
Company, Newington Midas Muffler, Northern Utilities, Inc., PMC 
Liquidation Inc., Public Service Company of New Hampshire, S&H 
Precision Manufacturing Co., Inc., Saef Lincoln-Mercury, Inc., Seacoast 
Volkswagen, Inc., Simplex Technologies, Inc., United Technologies 
Corporation, Waste Management of Maine, Inc., and Waste Management of 
New Hampshire, Inc. These defendants include former operators of the 
Coakley Landfill and generators and transporters of wastes taken to the 
Coakley Landfill.
    Under the terms of the Consent Decree, the Hazardous Substances 
Superfund will receive $999,000 from the 28 Settling Defendants as a 
group towards EPA Operable Unit Two past costs and $251,000 from the 
United States on behalf of the Settling Federal Agencies towards EPA 
Operable Unit Two past costs. The Settling Defendants will also perform 
the Remedial Design and Remedial Action (``RD/RA'') for Operable Unit 
Two as selected in EPA's Record of Decision dated September 30, 1994. 
In addition, the Settling Defendants will reimburse the EPA Hazardous 
Substances Superfund up to $60,000 in oversight costs relating to 
Operable Unit Two and, in the event that the United States or the State 
incurs future response costs other than oversight costs relating to 
Operable Unit Two, will reimburse the United States and the State for 
such future response costs. The United States, on behalf of the 
Settling Federal Agencies, will reimburse the Settling Defendants for 
20.08% of the costs of Operable Unit Two work performed by the Settling 
Defendants, as well as 20.08% of oversight and future response costs 
paid by the Settling Defendants.
    In addition, the Hazardous Substances Superfund will receive 
$18,706.22 from Great Bay Marine, Inc.; $16,250.00 from 1001 Islington 
Street, Inc.; and $18,706.22 from Bournival, Inc., three of the 
Settling Defendants, towards EPA Operable Unit One oversight costs. 
Also, Great Bay Marine, Inc. will pay $56,118.66; 1001 Islington 
Street, Inc. will pay $48,750.00; and Bournival, Inc. will pay 
$56,118.66, over time with interest, to the Coakley Landfill Trust, a 
trust account set up to pay for the Operable Unit One work being 
performed by other parties pursuant to the previous Coakley Operable 
Unit One decree.
    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. In addition, because the Consent Decree 
includes covenants not to sue the Settling Defendants under Section 
7003 of RCRA, 42 U.S.C. 6973, the United States will provide an 
opportunity for a public meeting in the affected area, if requested 
within the thirty (30) day public comment period. See 42 U.S.C. 
Sec. 6973(d). Any comments and/or requests for a public meeting should 
be addressed to the Assistant Attorney General of the Environment and 
Natural Resources Division, Department of Justice, Washington, DC 
20530, and should refer to United States v. City of Portsmouth, et al., 
Civil Action No. 98-600-SD, D.J. Ref. 90-11-2-678B.

[[Page 64280]]

    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of New Hampshire, 55 Pleasant Street, 
Concord, New Hampshire 03301, at the Region I office of the 
Environmental Protection Agency, One Congress St., Boston, 
Massachusetts 02203, and at the Consent Decree Library, 1120 G Street, 
NW., 3rd 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, NW., 4th Floor, Washington, DC 
20005. In requesting a copy, please enclose a check in the amount of 
$62.25, payable to the Consent Decree Library for the 25 cent per page 
reproduction cost.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 98-30970 Filed 11-18-98; 8:45 am]
BILLING CODE 4410-15-M