[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Page 45666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18975]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA'')

    Notice is hereby given that on July 28, 2010, a proposed Consent 
Decree in United States v. BIM Investment Corp. et al., Civil Action 
No. 1:10-cv-11263, was lodged with the United States District Court for 
the District of Massachusetts.
    The Consent Decree resolves claims brought by the United States, on 
behalf of the United States Environmental Protection Agency (``EPA''), 
against four parties (``Settling Defendants'') under Sections 106 and 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9606 and 9607. In its Complaint, filed 
concurrently with the Consent Decree, the United States sought 
injunctive relief in order to address the release or threatened release 
of hazardous substances at or from the Blackburn and Union Privileges 
Superfund Site in Walpole, Massachusetts (the ``Site''), along with the 
recovery of costs the United States incurred for response activities 
undertaken at the Site.
    Under the Consent Decree, the Settling Defendants--BIM Investment 
Corporation, Shaffer Realty Nominee Trust, Tyco Healthcare Group LP, 
and W.R. Grace & Co.-Conn.--will implement the remedy selected by EPA 
for the Site, including the excavation of soil and sediment and the 
extraction and treatment of groundwater. The Consent Decree also 
requires the Settling Defendants to reimburse the United States for 
$1,431,860 in past response costs incurred at the Site, and to 
reimburse the United States for its future oversight costs at the Site, 
up to $2,000,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, 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. BIM Investment Corp. et al., D.J. Ref. No. 90-11-3-
09667.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Massachusetts, United States Courthouse, 1 
Courthouse Way, Suite 9200, Boston, Massachusetts, 02210, and at U.S. 
EPA Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 
02109. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice website: http://www.justice.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 from the Consent Decree 
Library, please enclose a check in the amount of $136.50 for a copy of 
the complete Consent Decree (25 cents per page reproduction cost), or 
$30.25 for a copy without Appendix A (the 425-page Record of Decision, 
which is available at http://www.epa.gov/region1/superfund/sites/blackburn/293498.pdf), payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-18975 Filed 8-2-10; 8:45 am]
BILLING CODE 4410-15-P