Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act of 1980 as

Amended

In accordance with Department of Justice policy, 28 CFR 50.7,

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

v. Western Publishing Company, Inc., et al., 94-CV-1247 (CGC/DNH), was

lodged on November 28, 1995, with the United States District Court for

the Northern District of new York. The decree resolves claims of the

United States against defendant I.S.A. In New Jersey, Inc. (``I.S.A.'')

in the above-referenced action under the Comprehensive Environmental

Response, Compensation, and Liability Act (``CERCLA'') for

contamination at the Hertel Landfill Superfund Site in the Town of

Plattekill, Ulster County, New York (the ``Site''). In the proposed

consent decree, the defendant agrees to pay the United States $190,000

in settlement of the United States' claims for past response costs

incurred by the Environmental Protection Agency at the Site and $30,000

in settlement of the United States' claims for civil penalties and

damages for I.S.A.'s failure or refusal to comply with a unilateral

administrative order issued to it by EPA pursuant to section 106 of

CERCLA, 42 U.S.C. 9606. The payments will be made from an escrow

account as noted below.

In 1991, I.S.A. and other entities and individuals were indicted by

a grand

[[Page 62480]]

jury empaneled in the United States District Court for the Southern

District of New York on numerous federal felony charges. According to a

subsequent plea agreement, I.S.A. and other entities were required to

be sold to unrelated third parties. In 1994, the United States entered

into an Agreement and Covenant Not To Sue under CERCLA with Browning-

Ferris Industries of New York, Inc.; Browning-Ferris Industries of

Peterson N.J., Inc.; and Browning-Ferris Industries of South Jersey,

Inc. (collectively referred to as ``BFI'') regarding BFI's prospective

purchase of the assets of I.S.A. and the other entities. In exchange

for this Agreement and covenant Not To Sue, BFI paid $250,000 to the

United States, from which $55,000 was paid toward past response costs

incurred by EPA at the Hertel Site. Upon the sale of the assets of

I.S.A. and the other entities, I.S.A. and the others entities paid

$1,000,000 of the sale price into an escrow account to be used to

resolve certain liability to the United States pursuant to CERCLA at

several sites, including the Hertel Superfund Site, the Warwick

Superfund Site in the Town of Warwick, New York, the Ramapo Superfund

Site in the Town of Ramapo, New York, and the Kin-Buc Superfund Site in

Edison, New Jersey. The balance of the proceeds of BFI's purchase of

the assets of I.S.A. and the other entities has been used to satisfy a

$5,000,000 criminal fine, $3,500,000 in federal and state tax

liability, and $300,000 of liabilities to other creditors.

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. Western Publishing Company, Inc., et al., DOJ Ref. Number 90-

11-2-767A.

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

United States Attorney, United States Courthouse, 445 Broadway, Albany,

NY 12207; the Region II Office of the Environmental Protection Agency,

290 Broadway, New York, NY 10278; and 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 $5.25 (25 cents

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

Bruce S. Gelber,

Acting Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 95-29680 Filed 12-5-95; 8:45 am]

BILLING CODE 4410-01-M