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. Vigeant, Civil Action No. 96-11986NG (D.

Mass.), was lodged on October 4, 1996, with the United States District

Court for the District of Massachusetts. 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''), for response costs incurred by EPA in connection with

a removal action taken at a facility located 5 Greenleaf Street,

Newburyport, Massachusetts (``Facility''), which is owned by defendant

Joyce Vigeant (``Vigeant''). Under the proposed consent decree, Vigeant

has agreed to make best efforts to sell the Facility and, at the time

of the closing of the sale, to direct the closing agent to pay to EPA

the net proceeds from the sale, up to the amount of the outstanding

obligation of M&V Electroplating Corporation (``M&V'') pursuant to a

separate settlement agreement (``M&V Agreement'') entered into by M&V

and the United States in a bankruptcy proceeding entitled In re M&V

Electroplating Corp., Chapter 11 Case No. 95-12868-CJK (Bankr. D.

Mass.). M&V, which operated an electroplating business at the Facility,

has agreed to pay EPA $192,820, plus 6% simple interest on $38,564 of

this amount, over a period of eight years. The payment made to the

United States from the proceeds of the sale of the Facility will reduce

the obligation of M&V by the amount of the payment.

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

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

proposed consent decree. Any comments 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. Vigeant, DOJ Ref. Number 90-11-2-945D.

The proposed consent decree 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, 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 N.W., 4th Floor, Washington, D.C. 20005. In

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

check in the amount of $8.00 (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. 96-27268 Filed 10-23-96; 8:45 am]

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