[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23321-23322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10708]


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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, on March 28, 2003, the United States 
lodged with the United States District Court for the District of Rhode 
Island a proposed Consent Decree with Kayser-Roth Corporation 
(``Kayser-Roth'') in United States v. Kayser-Roth Corp., Civil Action 
No. 98-160ML (D.R.I.). In the action, which was filed in March, 1998, 
the United States brought a claim against Kayser-Roth, pursuant to 
section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), 
seeking to recover past unreimbursed costs and prejudgment interest 
incurred with respect to the Stamina Mills, Inc., Superfund Site 
located in North Smithfield, Rhode Island (the ``Site'').
    Pursuant to the terms of the proposed Consent Decree, Kayser-Roth 
has agreed to pay the United States, within 30 days of entry of the 
Decree, an amount equal to the sum of (a) $7,169,432, plus interest 
accruing from September 30, 2002 and (b) $45,211, plus interest 
accruing from October 17, 2002. The United States has agreed to provide 
Kayser-Roth with a covenant not to sue, pursuant to section 107(a) of 
CERCLA, 42 U.S.C. 9607(a), for Past Response Costs, which are defined 
as all costs that the Environmental Protection Agency paid at or in 
connection with the Site through May 31, 2002 or that the Department of 
Justice, on behalf of the Environmental Protection Agency, paid at or 
in connection with the Site through May 31, 2002, plus accrued interest 
on such costs. The United States has also agreed to extend the covenant 
to Collins & Aikman Products Co., Inc., which has provided an indemnity 
to Kayser-Roth in connection with the Site.
    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. Comment should be addressed to the Assistant 
Attorney General, Environment and Natural Resource Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Kayser-Roth Corp., Civil Action No. 98-160ML 
(D.R.I.), DOJ No. 90-11-2-356B. A copy of the comments should also be 
sent to Donald G. Frankel, Trial Attorney, Environmental Enforcement 
Section, Environment and Natural Resources Division, U.S. Department of 
Justice, One Gateway Center, Suite 616, Newton, Massachusetts 02458.
    The proposed Consent Decree may be examined at EPA Region 1, One 
Congress Street, Suite 1100, Boston, MA 02114-2023 (contact Lloyd 
Selbst at 617-918-1739), and at the Office of the United States 
Attorney for the District of Rhode Island, 50 Kennedy Plaza, 8th floor, 
Providence, Rhode Island 02903 (contact Lisa Dinerman at 410-528-5477). 
During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547, 
referencing United States v. Kayser-Roth Corp., Civil No. 98-160ML 
(D.R.I), DOJ No. 90-11-2-356B. In requesting a copy, please enclose a 
check in the amount of

[[Page 23322]]

$6.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-10708 Filed 4-30-03; 8:45 am]
BILLING CODE 4410-15-M