[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Notices]
[Pages 69678-69679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27352]


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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 November 13, 
2008, a proposed consent decree was lodged in United States v. The 
Berkshire Gas Company, No. 8-CV-30218, with the United States District 
Court for the District of Massachusetts.
    The proposed Consent Decree resolves 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 a stretch of 
the Housatonic River known as the 1\1/2\ Mile Reach in Pittsfield, 
Massachusetts (``Site'') against The Berkshire Gas Company (``Berkshire 
Gas'').
    The proposed Consent Decree resolves the government's claims as 
alleged in the complaint against Berkshire Gas in exchange for payment 
of $2,699,199 to the United States. The proposed Consent Decree also 
resolves the claims of General Electric Company (``GE'') against 
Berkshire Gas for certain costs GE incurred at the 1 \1/2\ Mile Reach. 
As set forth in a related settlement in United States v. General 
Electric Company, No. 99-CV-30225, the United States and GE agreed to 
share the cost of cleaning up the 1 \1/2\ Mile Reach. Pursuant to the 
proposed Consent Decree, Berkshire Gas will reimburse GE and the United 
States for their respective shares of the cost of addressing coal tar 
contamination in the 1 \1/2\ Mile Reach.
    The proposed Consent Decree provides that Berkshire Gas is 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 Consent Decree.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the proposed Consent 
Decree. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources

[[Page 69679]]

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 United States v. The Berkshire Gas Company, (D. MA.), Civ. No. 8-CV-
30218, D.J. No. 90-11-3-09166. 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 Decree may be examined at the Office of the 
United States Attorney, District of Massachusetts, Federal Building and 
Courthouse, 1550 Main St., Room 310, Springfield, MA 01103. 
During the public comment period, the proposed Consent Decree 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 Decree 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 proposed Consent 
Decree, please enclose a check in the amount of $5.50 (25 cent per page 
reproduction cost), payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-27352 Filed 11-18-08; 8:45 am]
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