[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Page 76078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24327]



[[Page 76078]]

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DEPARTMENT OF JUSTICE


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

    Pursuant to Section 122(d) of CERCLA, 42 U.S.C. 9622(d), and 28 CFR 
50.7, notice is hereby given that on December 12, 2005, a proposed 
Consent Decree (``Decree'') in United States v. Atlas Tack Corp., et 
al., No. 03-CV-11601 WGY, Atlas Tack Corp. v. Town of Fairhaven, No. 
01-CV-10501 WGY, and United States v. Atlas Tack Corp., et al., No. 04 
CV 11880 WGY, was lodged with the United States District Court for the 
District of Massachusetts.
    In these actions, the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), sought to recover from the 
Atlas Tack Corporation (``Atlas'') and from its President, M. Leonard 
Lewis, the costs incurred or to be incurred by the United States in 
connection with the Atlas Tack Corporation Superfund Site located in 
Fairhaven, Massachusetts. In related litigation (which was consolidated 
with the United States' action), Atlas brought a contribution claim 
against the Town of Fairhaven (``Town''). Both Atlas and M. Leonard 
Lewis filed contribution counterclaims against the United States Army 
Corps of Engineers (``Corps''). The United States also filed a separate 
action against Atlas and M. Leonard Lewis seeking access to the Site 
and penalties for their failure to provide access to the Site.
    The proposed Decree settles all the claims brought by the United 
States against Atlas and M. Leonard Lewis and also settles the 
contribution claims filed by Atlas against the Town and by Atlas and M. 
Leonard Lewis against the Corps. Pursuant to the Decree, Atlas and M. 
Leonard Lewis will pay the United States $2,335,000 in installments 
over a two-year period. In addition, Atlas has agreed to sell the 
property that it owns at the Site (the ``Property'') and to pay the 
United States 95% of the net proceeds from the sale. Alternatively, 
Atlas can retain ownership of the Property and pay to the United States 
95% of its fair market value. The Town has agreed to pay to the United 
States unpaid real estate taxes it collects with respect to the 
Property that are in excess of $80,000. The Corps has agreed to pay 
$50,000 to the Superfund.
    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 Decree. Comments should be addressed to the Assistant 
Attorney General, Environmental and Natural Resources Division, Post 
Office Box 7611, United States Department of Justice, Washington, DC 
20044-7611, and should refer to United States v. Atlas Tack 
Corporation, DOJ Ref. 90-11-3-06890. A copy of the comments 
should be sent to Donald G. Frankel, Department of Justice, Suite 616, 
One Gateway Center, Newton, MA 02458.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the District of Massachusetts, Office of the 
United States Attorney, 1 Courthouse Way, John Joseph Moakley 
Courthouse, Boston, Massachusetts, 02210 (contact Bunker Henderson), 
and at the United States Environmental Protection Agency, Region 1, 1 
Congress Street, Suite 1100, Boston, Massachusetts, 02114-2023 (contact 
Ronald Gonzalez). 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 
be also be obtained by mail from the Consent Decree Library, Post 
Office Box 7611, Washington, DC 20044-7611, or by faxing or e-mailing a 
request to Tonia Fleetwood at [email protected] or fax no. 
(202) 514-0097, phone confirmation number (202) 514-1547. In requesting 
a copy of the Decree from the Consent Decree Library, please enclose a 
check in the amount of $33.00 (25 cents per page reproduction costs) 
payable to the United States Treasury (or in the amount of $14.75 for 
the Decree without the Appendices).

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-24327 Filed 12-21-05; 8:45 am]
BILLING CODE 4410-15-M