Lodging of Consent Decree Pursuant to the Toxic Substances Control Act (``TSCA''), 15 U.S.C. 2601 et seq.

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Toxic Substances

Control Act (``TSCA''), 15 U.S.C. 2601 et seq.

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v. New

Waterbury, Ltd., et al., Civil Action No. 91CV00688 (WWE), was lodged

on March 1, 1994 with the United States District Court for the District

of Connecticut. The consent decree resolves an action based on

violations which occurred at the New Waterbury industrial facility

located at 59 Mill Street in Waterbury, Connecticut (``facility''). The

facility is approximately 100 buildings on 100 acres in downtown

Waterbury, Connecticut and was used for years in the manufacture of

brass and copper products. New Waterbury, Ltd., a real estate

development limited partnership, acquired the manufacturing facility in

1987 from the former Century Brass Products, Inc.

Settling defendants are storing PCB equipment and drums of PCB

waste in a building that does not comply with the structural

requirements for PCB storage areas established by 40 CFR 761.65(b) (it

lacks an adequate roof and walls to prevent contact with rain water,

adequate spill containment, and surfaces impervious to PCB

penetration). Until the filing of the complaint settling defendants had

not been conducting monthly leak inspections as required by 40 CFR

761.65(c)(5).

The PCB equipment and waste drums have been stored at the facility

since before 1987, in violation of 40 CFR 761.65(a). In addition,

settling defendants are operating a commercial PCB storage facility

without having applied for and received Region I approval, in violation

of 40 CFR 761.65(d).

Pursuant to this proposed consent decree, settling defendants will

remove and properly dispose of all PCB equipment and PCB waste by

August 15, 1995. Settling defendants will also clean up any spills of

PCBs derived from the storage of PCB equipment and PCB waste. The cost

of PCB removal and disposal under the consent decree is estimated at

nearly $500,000.

Pending proper disposal, settling defendants will provide and

maintain adequate temporary storage measures to prevent and contain PCB

leaks and minimize the risks of fire and vandalism, will keep proper

records on the stored PCBs, and will report monthly to EPA.

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, DC 20530, and should refer to United

States v. New Waterbury, Ltd., et al., DOJ Ref. # 90-5-1-1-3713.

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

United States Attorney, 141 Church Street, New Haven, Connecticut; the

Region I Office of the Environmental Protection Agency, 1 Congress

Street, Boston, Massachusetts; and at the Consent Decree Library, 1120

G Street, NW., 4th Floor, Washington, DC 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, NW., 4th Floor,

Washington, DC 20005. In requesting a copy please refer to the

referenced case and enclose a check in the amount of $12.00 (25 cents

per page reproduction costs), payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-6728 Filed 3-22-94; 8:45 am]

BILLING CODE 4410-01-M