Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with 28 CFR 50.7, notice is hereby given that on June

16, 1995, a proposed consent decree in United States of America v.

Anthony Dell'Aquila Enterprises and Subsidiaries, et al., Civil Action

No. 88-3232 (JCL), was lodged with the United States District Court for

the District of New Jersey. The United States' complaint sought

injunctive relief and civil penalties under the Clean Air Act (``CCA'')

against Anthony Dell'Aquila Enterprises and Subsidiaries

(``Dell'Aquila''), Harry Grant, and Sandalwood Construction Company in

regard to violations of the National Emission Standards for Hazardous

Air Pollutants for asbestos (``asbestos NESHAP'') at a facility owned

by Dell'Aquila in Hoboken, New Jersey (``Dell'Aquila site''). The

consent decree is signed on behalf of Dell'Aquila and the Trustee of

the bankruptcy estate in a bankruptcy proceeding that was initiated by

Dell'Aquila in 1990, In re Dell'Aquila, Case No. 90-21873 (Bankr.

N.J.). The consent decree does not address the liability of Harry Grant

or Sandalwood Construction Company, and the complaint against those

defendants remains pending.

The consent decree provides that the Trustee, on behalf of

Dell'Aquila, shall pay from the bankruptcy estate a civil penalty of

$400,000, as an administrative expense, to the United States upon the

effective date of a plan of reorganization or liquidation in the

bankruptcy proceeding. The consent decree also provides, inter alia,

that both Dell'Aquila and the Trustee shall conduct all demolition or

renovation operations at the Dell'Aquila site in compliance with the

asbestos NASHAP and that Dell'Aquila, prior to commencing any

demolition or renovation operation at any facility for which he is an

owner or operator, shall hire an accredited building inspector who will

complete a thorough asbestos identification survey for the presence of

asbestos containing material and will provide a copy of the survey to

the U.S. Environmental Protection Agency (``EPA'').

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30)

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days from the date of this publication. Comments should be addressed to

the Assistant Attorney General, Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to United States v. Anthony Dell'Aquila Enterprises and Subsidiaries,

et al., D.J. Ref. 90-5-2-1-1288.

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

United States Attorney, 970 Broad St., Room 502, Newark, N.J. 07102 and

at the Region II office of the Environmental Protection Agency, 290

Broadway, New York, New York 10007. The proposed consent decree may

also be examined at the Consent Decree Library, 1120 G. St., 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. St., NW., 4th Floor, Washington, DC. 20005. In

requesting a copy, please enclose a check in the amount of $5.00 (25

cents per page reproduction cost) payable to the ``Consent Decree

Library.''

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 95-16487 Filed 7-5-95; 8:45 am]

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