[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Notices]
[Page 36465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14455]


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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 
actions entitled United States v. Gayner, et al., Civil Action No. 
00CV11037EFH (D. Mass.), and United States v. Glynn, Civil Action No. 
99-40133 (D. Mass.), was lodged on May 26, 2000, with the United States 
District Court for the District of Massachusetts. The proposed consent 
decree resolves the claims of the United States 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. 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 Robert E. Gayner, MCL Development Corporation, Edward J. 
Camille, and John J. Glynn, Jr., as Trustee of the Environmental 
Restoration Engineering Trust and the AIF Realty Trust. The consent 
decree includes a covenant not to sue by the United States under 
sections 106 and 107 of CERCLA, 42 U.S.C. 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. 6973.
    Under the proposed consent decree, the Settling Defendants will pay 
$300,000 to the United States in order to reimburse the United States 
for its past unreimbursed response costs incurred in connection with 
the Site and $75,000 to the Commonwealth to reimburse the Commonwealth 
for its past unreimbursed response costs incurred in connection with 
the Site. In addition, the Settling Defendants have agreed to record an 
Environmental Restriction and Easement (``Easement'') with respect to 
each of their properties located at the Site. The Easements will impose 
certain restrictions on the use of these properties and will also 
provide access rights to the United States (until completion of the 
remedial action at the Site) and the Commonwealth (after completion of 
the remedial action at the Site).
    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. Gayner et al., DOJ Ref. Number 90-
11-2-340D. 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. 6973(d).
    The proposed consent decree may be examined at EPA Region 1, 
located at One Congress Street, Suite 1100, Boston, MA 02114 (contact 
Peter DeCambre, 617-918-1890). A copy of the proposed consent decree 
may be obtained by mail from the Department of Justice Consent Decree 
Library, P.O. Box 7611, Washington, DC, 20044. In requesting a copy, 
please refer to the referenced case and enclose a check in the amount 
of $30 (25 cents per page reproduction costs).

Joel M. Gross,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-14455 Filed 6-7-00; 8:45 am]
BILLING CODE 4410-15-M