Notice of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental Policy, 28 C.F.R. 50.7, 38 FR

19029, and 42 U.S.C. 9622(d), notice is hereby given that a proposed

Consent Decree in United States v. William Davis, et al., Civ. Action

No. 90-0484-P, was lodged in the United States District Court for the

District of Rhode Island on November 26, 1996. The proposed Consent

Decree resolves the United States' claims against defendant, United

Technologies Corporation, and 53 third and fourth party defendants,

under Sections 106(a) and 107(a) of the Comprehensive Environmental

Response, Compensation and Liability Act (``CERCLA''), as amended, 42

U.S.C. 9606(a) and 9607(a), concerning response actions at the Davis

Liquid Waste Superfund Site located in Smithfield, Providence County,

Rhode Island (the ``Site'').

Under the terms of the Consent Decree, the settling parties are

required to perform the source control component of the remedy selected

by the Environmental Protection Agency (``EPA'') for the Site, as

modified by the explanation of significant differences issued on July

19, 1996. In addition, the settling parties are required to pay $13.5

million to the Superfund in partial reimbursement of the United States'

past and future response costs. In return, the United States will grant

the settling parties certain covenants not to sue with respect to the

Site.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, written 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, D.C. 20530, and should

refer to United States v. William Davis, et al., Civ. Action No. 90-

0484-P, DOJ #90-11-2-137B.

The proposed Consent Decree may be examined at the local

Administrative Record repository in the Town Clerk's office in the

Smithfield Town Hall, 64 Farnum Pike, Smithfield, Rhode Island 02917;

at the Office of the United States Attorney, District of Rhode Island,

Westminster Square Building, 10 Dorrance Street, 10th Floor,

Providence, Rhode Island 02903; at the Region I Office of the U.S.

Environmental Protection Agency, 90 Canal Street, Boston, Massachusetts

02203; and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. Copies of the 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 enclose a check in the amount of $110.00 for

a full copy or $39.75 for a copy without appendices (25 cents per page

reproduction costs) payable to the Consent Decree Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 96-31548 Filed 12-11-96; 8:45 am]

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