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

Notice is hereby given that a proposed consent decree in the action

entitled United States v. A & N Cleaners & Launderers, Inc., et al.,

Civil Action No. 89-6865 (S.D.N.Y.), was lodged on June 20, 1996, with

the United States District Court for the Southern District of New York.

The proposed consent decree resolves the United States' claims under

the Comprehensive Environmental Response, Compensation, and Liability

Act (``CERCLA''), 42 U.S.C. 9601 et seq., on behalf of the U.S.

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

the Interior (``DOI''), against the defendants--A & N Cleaners &

Launderers, Inc.; Ben Forcucci; Marine Midland Bank, N.A.; Jordan W.

Berkman; John A. Petrillo; Joseph Curto; and Mario Curot--for response

costs incurred and to be incurred in connection with the Brewster Well

Field Superfund Site (``Site'') in Putnam County, New York, and for

damages for injury to, destruction of, or loss of natural resources as

a result of the release of hazardous substances at or from the Site.

Under the proposed consent decree, the United States and its co-

plaintiff the State of New York will receive $2.3 million from the

defendants in reimbursement of response costs. The United States will

also receive $20,000 from defendants as damages for injury to, or

destruction or loss of, natural resources, to be spent only for natural

resources restoration and reimbursement of assessment costs incurred by

the natural resource trustees.

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. In addition, since the United States is

further providing defendants with a covenant not to sue under the

Resources Conservation & Recovery Act, 42 U.S.C. 6901, et seq, the

United States will also provide an opportunity for a public meeting in

the affected area, if requested within the thirty (30) day public

comment period. See 42 U.S.C. Sec. 6973(d). Any comments and/or request

for a public meeting 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. A & N Cleaners & Launderers, Inc., et al., Civil Action No. 89-6865,

DOJ Ref. Number 90-11-2-311.

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

United States Attorney, 100 Church Street, 19th Floor, New York, New

York 10007; the Region II Office of the Environmental Protection

Agency, 290 Broadway, New York, New York 10278; and 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, NW.,

4th Floor, Washington, DC 20005. In requesting a copy, please refer to

the referenced case and enclose a check in the amount of $9.25 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-16707 Filed 6-28-96; 8:45 am]

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