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)

In accordance with Departmental policy, 28 CFR 50.7 and 42 U.S.C.

9622(d), notice is hereby given that a proposed consent decree in

United States v. AMF Reece, et al., Civil Action No. 94-12153 (EFH) was

lodged on October 28, 1994, with the United States District Court for

the District of Massachusetts. The consent decree settles an action

brought under the Comprehensive Environmental Response, Compensation

and Liability Act, 42 U.S.C. 9601 et seq., and the Resource

Conservation and Recovery Act, 42 U.S.C. 6901 et seq., for injunctive

relief and reimbursement of costs. The PSC Resources Superfund Site was

operated as a waste oil recycling facility from 1970 to 1978 and is

located in Palmer, Massachusetts. As a result of the waste oil

operations, the Site became contaminated with hazardous substances and

was placed on the National Priorities List. The Environmental

Protection Agency performed a removal action and a remedial

investigation and feasibility study to identify the nature and extent

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

the Site.

Under the terms of the proposed decree, eleven defendants

(``Performing Settling Defendants'') will perform the required

remediation of the Site. The remediation is today estimated to cost

$7.35 million. A remedial trust fund will be established to fund the

remedy. Approximately one hundred and forty-five (145) de minimis

settling defendants will contribute $3,755,484 to the remedial trust

fund. The New Jersey Department of Transportation will contribute $3.5

million and the federal agencies will contribute $625,152,

respectively, to the remedial trust fund. The Performing Settling

Defendants and settling federal agencies will pay $3,175,000 to the

Environmental Protection Agency and Commonwealth of Massachusetts for

costs incurred in performing the RI/FS, removal activities and for

other past costs and interest, totalling $4,291,333. The Performing

Settling Defendants within 30 days of entry of the decree will also pay

$153,720 to the Department of Interior in compensation for natural

resource damages. Additionally, over the course of the remediation, the

Performing Settling Defendants will pay $537,500 of an estimated

$575,000 in oversight costs to the Environmental Protection Agency and

the Commonwealth.

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 the

United States v. AMF Reece, et al., DOJ reference #90-11-2-922.

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

United States Attorney for the District of Massachusetts. 1003 J.W.

McCormack Post Office and Courthouse, Boston, Massachusetts; the Region

I Office of the Environmental Protection Agency, J.F. Kennedy Federal

Building, Boston, Massachusetts; 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. 20005. In requesting a copy of the Consent Decree

(without signature pages or attachments), please enclose a check in the

amount of $36.50 (25 cents per page reproduction costs), payable to the

Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-28220 Filed 11-15-94; 8:45 am]

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