[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Pages 37729-37730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18004]



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

    Notice is hereby given that on July 24, 2009, a proposed Consent 
Decree was lodged with the United States District Court for the 
District of Massachusetts in United States v. American Premier 
Underwriters, Inc., Civil Action No. 05-CV-12189-RWZ.
    In this action, the United States, on November 1, 2005, filed a 
complaint, under Sections 107(a) and 113(g)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607(a) and 9613(g)(2), against American Premier 
Underwriters, Inc. (``APU''), seeking reimbursement of response costs 
incurred for response actions taken in connection with the release or 
threatened release of hazardous substances at the Morses Pond Culvert 
Superfund Site in Wellesley, Massachusetts (the ``Site'') and a 
declaration that APU is liable for future response costs incurred in 
connection with the Site. The proposed Consent Decree provides that APU 
will pay the

[[Page 37730]]

United States $2,975,000, plus interest on that amount from May 27, 
2009 to the date of payment. The proposed Consent Decree has a standard 
covenant not to sue under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), 
for Past Response Costs, which are defined as the costs that the United 
States Environmental Protection Agency (``EPA''), or the United States 
Department of Justice on behalf of EPA, pays at or in connection with 
the Site through the date of entry of the Consent Decree, as well as 
all accrued interest on such costs. The Decree has a standard 
reservation of rights provision. The Decree also provides that APU is 
entitled to contribution protection with respect to Past Response Costs 
pursuant to Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), or as 
may otherwise be provided by law.
    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. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. American Premier Underwriters, Inc., D.J. 
Ref. 90-11-3-07035. Comments may also be submitted by e-mail to 
[email protected]. A copy of the comments should also be 
sent to Donald Frankel, Trial Attorney, Environmental Enforcement 
Section, Department of Justice, Suite 616, One Gateway Center, Newton, 
MA 02458.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Massachusetts, U.S. Courthouse, Suite 
9200, One Courthouse Way, Boston, MA 02210 (contact Barbara Healy 
Smith). 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/Consent_Decrees.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. In requesting a copy of the Consent Decree from 
the Consent Decree Library, please enclose a check in the amount of 
$4.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury (if the request is by fax or e-mail, forward a check to the 
Consent Decree Library at the address stated above).

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-18004 Filed 7-28-09; 8:45 am]