Notice of Lodging of Settlement Agreement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 and the Resource Conservation and Recovery Act

Notice is hereby given that a proposed settlement agreement in the

bankruptcy proceeding entitled In re M&V Electroplating Corp., Chapter

11 Case No. 95-12868-CJK (Bankr. D. Mass.), was lodged on October 11,

1996, with the United States Bankruptcy Court for the District of

Massachusetts. The proposed settlement agreement resolves claims filed

by the United States in an Application of the United States for

Reimbursement of Administrative Expenses alleging that M&V

Electroplating Corporation (``M&V'') is liable (1) pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), 42 U.S.C. 9601 et seq., for costs incurred by the

Environmental Protection Agency (``EPA'') in connection with a removal

action taken by EPA at the facility located at 5 Greenleaf Street,

Newburyport, Massachusetts (``Greenleaf Facility''), where M&V formerly

operated an electroplating business, and (2) pursuant to the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., for

penalties in connection with violations of RCRA discovered by EPA

during inspections of the M&V facility located at 4 Perkins Way,

Newburyport, Massachusetts (``Perkins Way Facility'') on January 26,

1996 and February 8, 1996. Under the proposed settlement agreement, M&V

will pay the United States, over a period of eight years, $192,820 with

respect to the CERCLA claim, including 6% interest on $38,564 of this

amount, and $26,591 with respect to the RCRA claim, including 6%

interest on $5,318 of this amount. M&V's CERCLA obligation will be

reduced to the extent that the United States receives proceeds from the

sale of Greenleaf Facility pursuant to a separate settlement that the

United States has entered into with Joyce Vigeant, the owner of the

Greenleaf Facility, in United States v. Vigeant, No. (D. Mass.).

The Department of Justice will receive, for a period of fifteen

(15) days from the date of this publication, comments relating to the

proposed settlement agreement. Any 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 In re M&V Electroplating Corp., Case No. 95-12868-CJK (Bankr.

D. Mass.), DOJ Ref. Number 90-11-2-945C.

The proposed settlement agreement may be examined at EPA Region 1,

One Congress Street, Boston, Massachusetts (contact Amelia Katzen, 617-

565-1133); and the Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed

settlement agreement 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 $6.25 (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. 96-27265 Filed 10-23-96; 8:45 am]

BILLING CODE 4410-01-M