[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66057-66058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26431]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Comprehensive 
Environmental Response, Compensation and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on October 30, 2008, 
three proposed and related Consent Decrees in United States v. American 
Hoechst Corp., et al., No. 3:08cv1509, United States v. A. R. Sandri, 
Inc., et al., No. 3:08cv1508, and United States v. M. Swift & Sons, 
Inc., et al., No. 3:08cv1507, were lodged with the United States 
District Court for the District of Connecticut.
    The proposed Consent Decrees resolve claims of the United States, 
on behalf of the Environmental Protection Agency (``EPA''), under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Solvents 
Recovery Service of New England, Inc. Superfund Site in Southington, 
Connecticut (``Site''), against 272 defendants.
    The proposed Consent Decree in U.S. v. American Hoechst Corp., et 
al. requires 58 defendants to perform the Remedial Design/Remedial 
Action (``RD/RA'') set forth in the Record of Decision (``ROD'') for 
the Site. The remedy includes heating, capturing and treating waste 
oils and solvents in the subsurface soils; excavating, consolidating 
and capping contaminated soil and wetland soil onsite; continuing to 
pump and treat contaminated groundwater; implementation of restrictions 
on uses of the site property and groundwater; and long term monitoring 
of the cap and groundwater to ensure that the cleanup remains 
protective of human health and the environment. EPA estimates the cost 
of the remedy at $29.9 million. This Consent Decree also requires the 
defendants: (1) To pay $2.2 million to EPA for its past response costs; 
(2) to pay $3.7 million to EPA from a trust account containing funds 
which have been set aside for those parties that would later agree to 
implement the ROD, in further reimbursement of EPA's past costs; (3) to 
pay EPA for its future costs; (4) to pay the U.S. Department of the 
Interior $200,000 for federal natural resource damages, including the 
costs of assessing those damages; and (5) to pay the State of 
Connecticut $2,625,000 for damages to natural resources under the 
State's trusteeship, including the costs of assessing those damages.
    The proposed Consent Decree in U.S. v. A.R. Sandri, Inc., et al. 
requires 213 de minimis defendants to pay $23.3 million. These funds 
will be deposited into a trust and will be used to partially fund the 
performance of the remedy and the payments required under the 
settlement in U.S. v. American Hoechst Corp., et al.
    The proposed Consent Decree in U.S. v. M. Swift and Sons, Inc. 
requires the sole settlor: (1) To pay $903,861 to EPA in reimbursement 
of its past response costs; (2) to pay $2,775 to DOI for federal 
natural resource damages including the costs of assessing those 
damages; and (3) to pay $43,364 to the State for damages to natural 
resources under the State's trusteeship, including the costs of 
assessing those damages.
    All three proposed Consent Decrees provide that the settlors are 
entitled to contribution protection as provided by section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlements.
    The Department of Justice will receive for a period of 30 days from 
the date of

[[Page 66058]]

this publication comments relating to the proposed Consent Decrees. 
Comments should be addressed to the Assistant Attorney General of the 
Environment and Natural Resources Division, Department of Justice, 
Washington, DC 20530, and either e-mailed to [email protected] or mailed to P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611, and should refer to: (1) United 
States v. American Hoechst Corp., et al., No. 3:08cv1509, D.J. No. 90-
7-1-23/6; (2) United States v. A. R. Sandri, Inc., et al., No. 
3:08cv1508, D.J. No. 90-7-1-23/8; or (3) United States v. M. Swift & 
Sons, Inc., et al., No. 3:08cv1507, D.J. No. 90-7-1-23/7. 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 Decrees may be examined at the Office of the 
United States Attorney, District of Connecticut, Connecticut Financial 
Center, 157 Church Street, New Haven, CT 06510. During the public 
comment period, the proposed Consent Decrees may also be examined on 
the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the proposed Consent Decrees may 
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. In 
requesting a copy of the any of the proposed Consent Decrees, please 
enclose a check in the amount of $159.50 for the United States v. 
American Hoechst Corp. settlement (25 cent per page reproduction cost), 
$65.75 for the United States v. A. R. Sandri, Inc. settlement; and/or 
$5.25 for the United States v. M. Swift & Sons, Inc. settlement, 
payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E8-26431 Filed 11-5-08; 8:45 am]
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