Notice of Lodging of De Minimis 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 De Minimis Consent Decree Pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act

and the Resource Conservation and Recovery Act

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

hereby given that a proposed Supplemental Early De Minimis Consent

Decree in United States and State of Connecticut v. Able Marine, Inc.,

et al., Civil Action Nos. 3:95 CV 2107 and 3:95 2108 was lodged on

September 29, 1995 with the United States District Court for the

District of Connecticut. The complaint in this action seeks (1) to

recover, pursuant to the Comprehensive Environmental Response,

Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq.,

response costs incurred and to be incurred by EPA at the Solvents

Recovery Service of New England, Inc. Superfund Site located in the

Town of Southington, Connecticut (``Site''); and (2) injunctive relief

under section 106 of CERCLA, 42 U.S.C. 9606, and section 7003 of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 9673.

The proposed Supplemental Early De Minimis Consent Decree embodies

an agreement with 46 potentially responsible parties (``PRPs'') at the

Site pursuant to section 122(g) of CERCLA, 42 U.S.C. 9622(g) to

reimburse EPA and

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the State of Connecticut for a portion of their past and future

response costs at the Site. Of the $503,325 generated by the

settlement, $100,665 will be used for the partial funding of a non-

time-critical removal action (``NTCRA'') being performed at the Site by

the larger-volume generator PRPs and the remaining $402,660 will be set

aside for the funding of future remedial actions at the Site. The NTCRA

comprises, inter alia, the installation and operation of a groundwater

containment system designed to prevent further migration from the Site

of contaminated groundwater. The Supplemental Early De Minimis Consent

Decree also provides the settling defendants with a release for civil

liability for EPA's and the State's past and future CERCLA response

costs and natural resource damages at the Site for resources under the

trusteeship of the Secretary of the Interior and the Secretary of

Commerce, through the National Oceanic and Atmospheric Administration.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Early De Minimis Consent Decree. Comments should be addressed

to the Assistant Attorney General for the Environment and Natural

Resources Division, Department of Justice, PO Box 7611, Ben Franklin

Station, Washington, DC 20044, and should refer to United States and

State of Connecticut v. Able Marine, Inc., et al., DOJ Ref. No. 90-7-1-

23E. In addition, pursuant to section 7003(d) of RCRA, 42 U.S.C.

6973(d), any member of the public who desires a public meeting in the

area affected by the proposed consent decree in order to discuss the

proposed consent decree prior to its final entry by the court may

request that such a meeting be held. Any such request for a public

meeting should be submitted within fifteen (15) days from the date of

this publication and sent to the same address and bear the same

reference as indicated above for submission of comments.

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

United States Attorney, 157 Church Street, 23rd Floor, New Haven,

Connecticut 06510; the Region I Office of the Environmental Protection

Agency, Region I Records Center, 90 Canal Street, First Floor, Boston,

MA 02203; and at the Consent Decree Library, 1120 G Street, NW., Fourth

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, Fourth Floor, NW., Washington, DC 20005.

In requesting a copy, please refer to the referenced case and enclose a

check in the amount of $26.25 (25 cents per page reproduction costs),

payable to the Consent Decree Library. If you wish to receive a copy

without the settlers' signature pages, please so indicate, and enclose

a check in the amount of $13.75 payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-26025 Filed 10-20-95; 8:45 am]

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