[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53297-53298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24989]


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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 6, 2009, 
two related Consent Decrees in United States v. Town of Southington, et 
al, No. 3:09cv1515, 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 Old 
Southington Landfill Superfund Site in Southington, Connecticut 
(``Site''), against 91 defendants.
    One of the Consent Decrees requires five settling defendants 
(``Performing Parties'') to perform the Remedial Design/Remedial Action 
(``RD/RA'') set forth in the September 2006 Record of Decision for the 
Site. The remedy includes: (1) Implementation of institutional 
controls, in the form of environmental land use restrictions, on 
properties or portions of properties where groundwater volatile organic 
compound (``VOC'') concentrations exceed State of Connecticut 
Remediation Standard Regulations (``RSRs''); (2) installation of 
engineering controls, including building ventilation systems, sub-slab 
depressurization systems, or similar technology, in buildings located 
over properties or portions of properties where VOCs exceed the State 
RSR volatilization criteria; (3) conducting groundwater monitoring in 
areas where the potential for vapor intrusion is a concern; (4) 
performance of operation and maintenance and monitoring of engineering 
and institutional controls to ensure remedial measures are performing 
as intended and continue to protect human health and the environment in 
the long-term; and (5) conducting of five year reviews. The RD/RA 
Consent Decree also requires the five Performing Parties to: (a) Pay a 
lump sum of $500,000 to cover EPA's future oversight costs; (b) pay 
$537,000 to the U.S. Department of the Interior for federal natural 
resource damages; and (c) pay $2,750,000 to the State of Connecticut 
for damages to natural resources under the State's trusteeship. The RD/
RA Consent Decree also resolves potential contribution claims by United 
Technologies Corp., one of the five Performing Parties, against the 
Department of the Army (except regarding disposals from its Quonset 
Point facility), the Department of the Navy, and the General Services 
Administration in exchange for a payment of $507,960.
    The other Consent Decree provides for 86 de minimis potentially 
responsible parties to pay $4,248,450. Their payments will be deposited 
into a trust account that is being managed by the five Performing 
Parties. A portion of these funds will be used by the Performing 
Parties to help make the payments required under the RD/RA Consent 
Decree and the remaining funds will remain in the trust to provide 
financial assurance for the completion of the remedy under the RD/RA 
Consent Decree. The De Minimis Consent Decree

[[Page 53298]]

also resolves the direct liability of the Navy regarding disposals from 
its Quonset Point facility at the Site in exchange for a payment of 
$9,057.
    The two 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 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: United States 
v. Town of Southington, et al, No. 3:09cv1515, D.J. No. 90-11-2-420/5. 
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 $40.25 for the RD/RA Consent Decree 
(25 cent per page reproduction cost), and $32.00 for the De Minimis 
Consent Decree, payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-24989 Filed 10-15-09; 8:45 am]
BILLING CODE 4410-15-P