[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Notices]
[Page 60210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25902]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act (``CERCLA'')

    Consistent with Departmental policy, 28 CFR 50.7, and under Section 
122(d) of CERCLA, 42 U.S.C. 9622(d), notice is hereby given that a 
proposed consent decree in United States and State of New York v. City 
of Batavia, et al., Civ. No. 00-CV-0838E(SR), was lodged on September 
29, 2000 with the United States District Court for the Western District 
of New York. The Consent Decree concerns hazardous waste contamination 
at the Batavia Landfill Superfund Site (the ``Site''), located in the 
Town of Batavia, Genesee County, New York. The Consent Decree would 
resolve the liability in connection with the Site for implementation of 
response actions, reimbursement of response costs incurred and to be 
incurred by the United States, and natural resource damages, as to 
twenty defendants against whom the United States filed a complaint on 
behalf of the United States Environmental Protection Agency (``EPA'') 
and the Secretary of the United States Department of the Interior 
(``DOI''). The Consent Decree would also resolve the liability to the 
State of New York of essentially the same group of defendants for 
reimbursement of response costs incurred by the State of New York in 
connection with the Site. In addition, the Consent Decree would resolve 
any liability the United States on behalf of the Veterans 
Administration may have for response actions, reimbursement of response 
costs, or natural resource damages in connection with the Site.
    The Consent Decree requires three of the settling defendants--the 
City of Batavia, the Town of Batavia, and N L Industries, Inc. (``the 
Settling Work Defendants'')--to perform the remedial action at the Site 
selected by EPA in its 1995 Record of Decision at an estimated cost of 
approximately $12.78 million and to reimburse the United States 
approximately three-fourths of the United States' future response costs 
in connection with the Site. The Settling Work Defendants will also 
create six acres of wetlands and pay $51,000 in full reimbursement of 
the DOI's past costs of assessing natural resource damages and 
estimated future costs of monitoring wetlands work at the Site. The 
United States will fund approximately one-fourth of this settlement, by 
relinquishing its claim for approximately $4 million in past response 
costs incurred by EPA in connection with the Site, and by pre-
authorizing the Settling Work Defendants to apply for up to 
approximately $808,000 in reimbursement from the Hazardous Substance 
Superfund (established by 26 U.S.C. 9507), and for approximately one-
fourth of any excess of costs incurred by the Settling Work Defendants 
above the projected cost total for the remedial action. The other 
settling defendants, and the United States on behalf of the Veterans 
Administration, will resolve their liability by making payments in 
accordance with a private settlement agreement among the defendants 
into an escrow account established by the Settling Work Defendants. The 
United States' payment to the escrow account on behalf of the Veterans 
Administration is $565,226.
    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. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and State of New York v. City of Batavia, et 
al., DOJ Ref. #90-11-2-861.
    The proposed consent decree may be examined at the office of the 
United States Attorney for the Western District of New York, 138 
Delaware Avenue, Buffalo, New York 14202 (contact Assistant United 
States Attorney Mary K. Roach); and the Region II Office of the 
Environmental Protection Agency, 290 Broadway, New York, New York, 
10007-1866 (contact Assistant Regional Counsel Beverly Kolenberg). A 
copy of the proposed consent decree may be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, Washington, DC 20044-7611. In 
requesting a copy please refer to the referenced case and enclose a 
check in the amount of $25.25 (25 cents per page reproduction costs) 
for the Consent Decree without Appendices, or in the amount of $68.25 
for the Consent Decree with all Appendices, payable to the Consent 
Decree Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-25902 Filed 10-6-00; 8:45 am]
BILLING CODE 4410-15-M