[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59991-59992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27783]


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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 12, 
2009, a Consent Decree in United States v. Allen Greig & Perry, Inc., 
et al., No. 1:09-cv-482, was lodged with the United States District 
Court for the District of Maine.
    The proposed Consent Decree resolves claims of the United States, 
on behalf of the Environmental Protection Agency (``EPA'') and the U.S. 
Department of the Interior, Fish and Wildlife Service (``DOI''), under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the West 
Site/Hows Corner Superfund Site in Plymouth, Maine (``Site''), against 
82 defendants.
    The Consent Decree requires two settling defendants (``Performing 
Parties'') to perform the remedial action set forth in EPA's 2002 and 
2006 Records of Decision (``RODs'') for the Site. The remedial action 
includes: Groundwater containment with on-site treatment for the 
``Source Area Groundwater'' (as described in the 2002 ROD); groundwater 
restoration of the Non-Source Area Groundwater through monitored 
natural attenuation; a technical impracticability waiver for the Source 
Area Groundwater; institutional controls; long-term monitoring of 
groundwater, surface water, sediments, indoor air/vapors (if required 
by EPA), and institutional controls; operation and maintenance; 
residential well monitoring with a contingency for public water; and 
vapor intrusion investigation and response. The Consent Decree also 
requires the Performing Parties to pay: $10,953 to the State of Maine 
for its past costs; $900,000 to the State in prepayment of future 
oversight costs; $6,500 to DOI for its natural resource damages 
assessment costs; and $59,427 to the State for its natural resource 
damages assessment costs. The Consent Decree also requires the settlors 
to implement a natural resources project comprising the purchase of two 
parcels totalling 752.5 acres and making them subject to restrictive 
covenants. The two parcels will then be conveyed to the State to be 
held in perpetuity in a

[[Page 59992]]

protected status as part of a State wildlife management area and will 
be used as a drinking water source. The Consent Decree also provides 
that the other 80 settling defendants pay, in aggregate, $14,878,397. 
These payments will be deposited into a trust account that is being 
managed by the Performing Parties. These funds will be available to 
fund the payments and the work as required under the Consent Decree.
    The Consent Decree also resolves potential contribution claims by 
the 82 settlors against five settling federal agencies (``SFAs'') in 
exchange for up-front payments totalling $63,661 by the SFAs, and 
payments by them collectively of 44.15% of the cost of the remedy after 
the trust funds are exhausted. The five SFAs are the Defense Logistics 
Agency/DRMS, the U.S. Coast Guard, the U.S. Air Force, the Army and Air 
Force Exchange Service, and the U.S. Army.
    The Consent Decree provides 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 settlement. The matters 
addressed by the Consent Decree are all response actions taken or to be 
taken and all response costs incurred or to be incurred by the United 
States, the State or any other person with respect to the Site and all 
damages for natural resources at the Site under the trusteeship of DOI 
or the State.
    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 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. Allen Greig & Perry, Inc., et al., No. 1:09-cv-482, D.J. No. 90-11-
3-1733/7. 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 Decree may be examined at the Office of the 
United States Attorney, District of Maine, 100 Middle Street, Portland, 
Maine 04104. 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. A copy 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 $170.50 (25 cents 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. E9-27783 Filed 11-18-09; 8:45 am]
BILLING CODE 4410-15-P