Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act and the Resource

Conservation and Recovery Act

In accordance with 42 U.S.C. Sec. 9622(d), 42 U.S.C. Sec. 6973(d),

and 28 CFR 50.7, notice is hereby given that on July 11, 1995, a

proposed consent decree in United States of America v. Coakley

Landfill, Inc., et al., Civil Action No. 95-339M, was lodged with the

United States District Court for the District of New Hampshire. The

United States' complaint sought injunctive relief and recovery of

response costs under the Comprehensive Environmental Response,

Compensation, Liability Act (``CERCLA'') and the Resource Conservation

and Recovery Act (``RCRA''), against Coakley Landfill, Inc., Ronald

Coakley, Neil Coakley, Deborah Broza, and Patricia Case in regard to

the Coakley Landfill Superfund Site in the Towns of North Hampton and

Greenland, New Hampshire. The consent decree provides that the

defendants will pay $686,927.00 to the Superfund for response costs

incurred and to be incurred by the U.S. Environmental Protection Agency

(``EPA''), $89,261.00 to the U.S. Department of the Interior (``DOI'')

for natural resource damages, and $66,212.00 to the State of New

Hampshire for response costs incurred and to be incurred by the State,

plus interest. The consent decree also provides that the defendants

will provide access to and institutional controls on property they own

at the Site in connection with response actions at the Site. The

Consent Decree includes a covenant not to sue by the United States

under Sections 106 and 107 of the CERCLA, 42 U.S.C. Secs. 9606 and

9607, and under Section 7003 of RCRA, 42 U.S.C. Sec. 6973.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30) 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. Coakley Landfill, Inc., et al., D.J. Ref. 90-11-2-678A.

Commenters may request an opportunity for a public meeting in the

affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.

Sec. 6973(d),

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

United

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States Attorney, 55 Pleasant St., Rm. 312, Concord, New Hampshire 03301

and at the Region I office of the Environmental Protection Agency, One

Congress St., Boston, Massachusetts 02203. 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 $13.00 (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. 95-17842 Filed 7-19-95; 8:45 am]

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