[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Notices]
[Page 131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33085]



[[Page 131]]

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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that a proposed consent decree in United 
States and State of Rhode Island v. Town of South Kingstown, R.I., and 
Town of Narragansett, R.I., Civil Action 02-535 ML (D.R.I.), was lodged 
with the United States District Court for the District of Rhode Island 
on December 19, 2002 (``Consent Decree''). The Consent Decree resolves 
the claims of the United States and the State of Rhode Island (the 
``State'') against the Town of South Kingstown, R.I., and the Town of 
Narragansett, R.I. (the ``Towns''), for past response costs and for 
implementation of the source control remedy at the Rose Hill Regional 
Landfill Superfund Site (``Rose Hill Landfill Site'' or ``Site''). The 
United States' claims are under section 106 and 107 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9606, 9607, and the State's claims are under 
section 107 of CERCLA, 42 U.S.C. 9607, and R.I.G.L. chapters 23-18.9, 
23-19.1, and 23-19.14. The Rose Hill Landfill Site is located in the 
Village of Peace Dale, Town of South Kingstown, Washington County, 
Rhode Island.
    Under the Consent Decree, the Towns will pay $4,000,000, plus 
interest from March 31, 2002, to a Superfund special account in 
settlement of past costs incurred by the United States and future costs 
relating to the Operable Unit One--Source Control (``OU1'') remedy to 
be incurred by the United States. The OU1 remedy provides for 
excavation of the bulky waste at the Site and consolidating the bulky 
waste onto the solid waste area, followed by capping of the waste, 
along with leachate collection, landfill gas treatment, institutional 
controls, and monitoring. The Consent Decree provides that the State 
will implement the OU1 remedy and be responsible for 50% of the cost of 
construction and 100% of the cost of operation and maintenance of that 
remedy. Under the Consent Decree, the Towns are to eventually reimburse 
the State for 30 percent of the State's OU1 remedy costs through a 
combination of cash payments and in-kind operation and maintenance 
services.
    Furthermore, the Consent Decree resolves the Towns' liability to 
the United States and the State for natural resource damages relating 
to the Rose Hill Landfill Site, subject to a reopener for unknown 
conditions and new information. The Towns will pay $122,000 to the 
National Oceanic and Atmospheric Administration (``NOAA'') and $3,000 
to the Department of the Interior (``DOI'') in settlement of Federal 
claims for natural resources damages and/or natural resource damage 
assessment costs. The Towns will also repair or replace the Indian Run 
Reservoir Dam and the Asa Pond Dam, both in the Town of South 
Kingstown, R.I., in settlement of the State's claims for natural 
resource damages.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, written comments relating to 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States and State of Rhode Island v. Town of 
South Kingstown, R.I., and Town of Narragansett, R.I., DOJ Ref. 
90-11-3-06626.
    Under R.I.G.L. Sec.  23-19.14-11, the State will also receive, for 
a period of fourteen (14) days, written comments relating to the 
proposed Consent Decree. Comments should be addressed to the Director, 
Rhode Island Department of Environmental Management, 235 Promenade 
Street, Providence, Rhode Island 02908, and should refer to United 
States and State of Rhode Island v. Town of South Kingstown, R.I., and 
Town of Narragansett, R.I.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the District of Rhode Island, Fleet Center, 
50 Kennedy Plaza, Providence, R.I. 02903 (contact Assistant United 
States Attorney, Michael P. Iannotti); the Region I Office of the U.S. 
Environmental Protection Agency, One Congress Street, Suite 1100, 
Boston, MA 02114-2023 (contact Senior Enforcement Counsel, Amelia Welt 
Katzen); and the office of the Rhode Island Department of Environmental 
Management, 235 Promenade Street, Providence, Rhode Island 02908 
(contact Senior Legal Counsel, John A. Langlois). A copy of the 
proposed Consent Decree may be obtained by mail from the Consent Decree 
Library, PO Box 7611, Washington, DC 20044-7611 or by faxing a request 
to Tonia Fleetwood, fax no. (202) 514-0097, phone confirmation number 
(202) 514-1547. In requesting a copy, please refer to the referenced 
case and enclose a check in the amount of $21.25 (25 cents per page 
reproduction costs) for the Consent Decree, without appendices, or 
$150.25 (25 cents per page reproduction costs) for the Consent Decree, 
with appendices, payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-33085 Filed 12-31-02; 8:45 am]
BILLING CODE 4410-15-M