Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

Consistent with Departmental policy, 28 CFR 50.7, 38 Fed. Reg.

19029, notice is hereby given that on November 14, 1994, a proposed

consent decree in United States v. Federal Pacific Electric Company,

Inc. et al., Civil Action No. 92-11924T, was lodged with the United

States District Court for the District of Massachusetts. The proposed

consent decree requires defendants Harold Friedland, Leonard Friedland,

and Jack Friedland, and the Friedland Brothers Enterprises Inc.

(collectively ``the Friedlands''), under certain conditions, to

reimburse the United States and the Commonwealth of Massachusetts for

$38,500,000 in past and future response costs incurred and to be

incurred for response actions in connection with the Norwood PCB

Superfund Site in Norwood, Massachusetts, and to pay $1,500,000 in

civil penalties and punitive damages for failure to comply with a

Unilateral Administrative Order issued in August 1990 to perform the

remedy set forth in the Record of Decision for the Site. The

$40,000,000 total judgment amount is partially payable from the

proceeds of claims the Friedlands have against Cooper Industries, Inc.,

Cornell-Dubilier Electronics, Inc., and Federal Pacific Electric

Company, Inc. for indemnification under the terms of a lease agreement.

The proposed consent decree also guarantees recovery of $7 million from

the Friedlands.

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 of the Environment and Natural Resources Division,

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

United States v. Federal Pacific Electric Company, Inc. et al., Civil

Action No. 92-11924T, D.J. Ref. 90-11-2-372A.

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

United States Attorney, District of Massachusetts, J.W. McCormack Post

Office and Courthouse, Boston, Massachusetts, 02109, and at Region I,

Office of the Environmental Protection Agency, One Congress Street,

Boston, Massachusetts, 02203 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, please enclose a check in

the amount of $15.25 (25 cents per page reproduction cost) payable to

the Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-29231 Filed 11-25-94; 8:45 am]

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