[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Page 50254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20581]


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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 August 3, 2011, a proposed Consent 
Decree in United States and Commonwealth of Massachusetts v. BIM 
Investment Corp. et al., Civil Action No. 1:11-cv-11382 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 Department of the Interior (``DOI''), 
acting through the United States Fish and Wildlife Service, and the 
Commonwealth of Massachusetts (``Commonwealth''), on behalf of the 
Secretary of Energy and Environmental Affairs (``EEA''), against four 
parties (``Settling Defendants'') under Section 107 of CERCLA, 42 
U.S.C. 9607. In their respective complaints, filed concurrently with 
the Consent Decree, the United States and the Commonwealth sought 
damages in order to compensate for and restore natural resources 
injured by 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 incurred 
in assessing such damages.
    Under the Consent Decree, Settling Defendants Tyco Healthcare Group 
LP, W.R. Grace & Co.-Conn., BIM Investment Corporation, and Shaffer 
Realty Nominee Trust will pay $1,000,000 for natural resource damages 
restoration projects to be conducted by DOI and EEA. The Consent Decree 
also requires the Settling Defendants to reimburse the United States 
and the Commonwealth for a combined $94,169.56 in assessment costs.
    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 and Commonwealth of Massachusetts v. BIM Investment Corp. 
et al., D.J. Ref. No. 90-11-3-09667/1.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site: 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 $6.75 (25 cents per 
page reproduction cost), payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-20581 Filed 8-11-11; 8:45 am]
BILLING CODE 4410-15-P