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

Federal RegisterOct 17, 1996

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and

42 U.S.C. Sec. 9622(d), notice is hereby given that on September 30,

1996, a proposed consent decree in the consolidated cases, United

States v. AlliedSignal, Inc., et al., Civil Action No. 92-2726 (SSB)

and Rollins Environmental Services (NJ) Inc., et al. v. United States,

et al., Civil Action No. 92-1253 (SSB), was lodged with the United

States District Court for the District of New Jersey. The claims in

these civil actions relate to the Bridgeport Rental and Oil Services

(``BROS'') Superfund Site (the ``Site'') in Logan Township, Gloucester

County, New Jersey.

The proposed consent decree resolves the United States' claims

under the Comprehensive Environmental Response, Compensation, and

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

the U.S. Environmental Protection Agency (``EPA''), against 89

corporations and other ``Settling Defendants'' and certain agencies of

the State of New Jersey (the

[[Page 54216]]

``Settling State Agencies''). The proposed consent decree also resolves

claims against the United States by the Settling Defendants and the

State of New Jersey. In addition, the consent decree resolves claims by

the State of New Jersey, Department of Environmental Protection

(``NJDEP'') against Settling Defendants and claims by Settling

Defendants against Settling State Agencies.

Under the terms of the consent decree, the Hazardous Substance

Superfund will receive approximately $109 million, and NJDEP

approximately $6.6 million, in satisfaction of liability pursuant to

Section 107 of CERCLA, 42 U.S.C. Sec. 9607, for certain response costs

previously incurred or to be incurred in connection with the Site. In

addition, Settling Defendants will perform, subject to certain

conditions, future response actions at the Site. The settlement

embodied in the consent decree has a total value to the Hazardous

Substance Superfund and NJDEP of at least $221.5 million in cash and

response actions. Approximately $46.7 million of that amount will be

paid by Settling Defendants and the balance by the United States on

behalf of Settling Federal Agencies. The total value of the settlement

could be higher, depending on the cost of certain response actions to

be performed under the settlement.

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 decrees. In addition, because the United States is

further providing defendants with covenants not to sue under Section

7003 of the Resource Conservation and Recovery Act, 42 U.S.C.

Sec. 6973, the United States will 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

requests for a public meeting should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. AlliedSignal, Inc., et al., Civil Action No. 92-2726, D.J.

Ref. 90-11-2-422.

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

United States Attorney, District of New Jersey, Mitchell H. Cohen

Courthouse, Fourth and Cooper Streets, Camden, New Jersey, 08101, at

the Region II office of the Environmental Protection Agency, 290

Broadway, New York, New York 10007, and at 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 enclose a check in

the amount of $71.75 payable to the Consent Decree Library for the 25

cent per page reproduction cost.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-26617 Filed 10-16-96; 8:45 am]

BILLING CODE 4410-01-M

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