Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

Consistent with Departmental policy, 28 CFR 50.7, notice is hereby

given that a proposed consent decree in United States v. Town of North

Hempstead, Civil Action No. CV 90-3486, was lodged on September 16,

1994 with the United States District Court for the Eastern District of

New York. Defendant Town of North Hempstead (Town) is the owner and

operator of the Port Washington Landfill Site. As a result of the

Landfill's operation, the Site became contaminated with hazardous

substances and the Site was placed on the National Priorities List. The

Environmental Protection Agency performed a remedial investigation and

feasibility study (RI/FS) to identify the nature and extent of the

contamination at the Site and the examine how best to remediate the

Site.

Under the terms of the proposed decree, the Town will pay the

Untied States the sum of $2.64 million of the total $3.5 million in

costs incurred in performing the RI/FS as well as for other past costs

the United States incurred at the Site. The $2.64 million will be paid

in two equal installments, with the first installment being paid within

thirty (30) days of the entry of the decree and the second installment

being paid, along with interest, within two years of the entry of the

decree. Under an earlier decree entered in 1991, the Town agreed to

remediate the Site at an estimated cost of $45 million, and to

reimburse EPA 100% of all future costs EPA incurs in overseeing the

remediation of the Site.

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 for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Town of North Hempstead, D.J. reference #90-11-2-514.

The proposed consent decree may be examined at the Office of the

United States Attorney for the Eastern District of New York, One

Pierrepont Plaza, 14th floor, Brooklyn, New York; the Region II Office

of the Environmental Protection Agency, 26 Federal Plaza, New York, New

York; and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C., 20005, (202) 624-0892. A copy of the proposed

consent decree may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, N.W. 4th Floor, Washington, D.C. In

requesting a copy, please enclose a check in the amount of $5.50 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-24039 Filed 9-28-94; 8:45 am]

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