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

Pursuant to 42 U.S.C. Sec. 9622(d)(2), and 28 C.F.R. Sec. 50.7,

notice is hereby given that a proposed consent decree in United States

v. CCL Custom Manufacturing, Inc., Civil Action No. 95-0397-P, was

lodged on July 27,

[[Page 40858]]

1995, with the United States District Court for the District of Rhode

Island.

The complaint in the CCL Custom Manufacturing action was filed

pursuant to the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et seq., to recover

costs incurred by the United States in taking response actions in

connection with the first operable unit cleanup at the Peterson/

Puritan, Inc. Superfund Site (``Site'') located in the towns of Lincoln

and Cumberland, Providence County, Rhode Island, and to obtain an order

requiring the defendants to implement the remedy for the first operable

unit at the Site selected by EPA in a record of decision dated

September 30, 1993 (``ROD''). The first operable unit at the Site

includes the facilities owned and operated by CCL Custom Manufacturing,

Inc. and Pacific Anchor Chemical Company, the facility formerly owned

and operated by SUPERVALU Operations, Inc., as well as the geographical

extent of the contamination emanating from those facilities including,

but not limited to, the Quinnville Wellfield to the extent that it is

affected by contamination emanating from the CCL Custom Manufacturing,

Inc. facility.

The proposed Consent Decree embodies an agreement by defendants CCL

Custom Manufacturing, Inc., CPC International Inc. (as indemnitor of

CCL Custom Manufacturing, Inc.), Lonza Inc., Pacific Anchor Chemical

Company, and SUPERVALU Operations, Inc. to implement the remedy for the

first operable unit set forth in the ROD, to reimburse the United

States in the amount of $1,090,615.56 for past response costs incurred

in connection with the first operable unit, and to reimburse the United

States for future response costs that will be incurred in connection

with the first operable unit. The defendants have also agreed to make a

payment of $43,883 to the United States in order to settle a potential

claim of the United States pursuant to Section 107(a)(4)(C) of CERCLA,

42 U.S.C. 9607(a)(4)(C), for damages for injury to, destruction of, or

loss of natural resources at the first operable unit. The proposed

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

under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and

under Section 7003 of the Resource Conservation and Recovery Act

(``RCRA''), 42 U.S.C. Sec. 6973.

The proposed Consent Decree also embodies a settlement involving

Lonza Inc., Pacific Anchor Chemical Company, and SUPERVALU Operations,

Inc. of certain claims of the State of Rhode Island related to the

Site.

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

United States v. CCL Custom Manufacturing, Inc., DOJ Ref. #90-11-3-

1233. 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 Region I Office

of the Environmental Protection Agency, One Congress Street, Boston

Massachusetts, at the United States Attorney's Office located at the

Westminster Square Building, 10 Dorrance Street, 10th Floor, Providence

02903, 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 refer to the referenced case and enclose a

check in the amount of $146.25 for the decree and all appendices, or in

the amount of $51.75 for the decree and Appendices A (Statement of

Work) and C-F (lists of settling defendants) (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. 95-19738 Filed 8-9-95; 8:45 am]

BILLING CODE 4410-01-M