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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act of 1980, as

Amended, and the Resource Conservation and Recovery Act

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

entitled United States v. RohmTech, Inc., Civil Action No. 97CV12200

EFH, was lodged on September 30, 1997, with the United States District

Court for the District of Massachusetts. The proposed consent decree

resolves the United State's claims against RohmTech at the Nyanza

Chemical Waste Dump Superfund Site, located in Ashland, Massachusetts

(``Site''), under the Comprehensive Environmental Response,

Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et

seq. and the Resources Conservation and Recovery Act, 42 U.S.C.

Sec. 6973.

[[Page 53656]]

RohmTech is the successor to a former owner and operator of the Site.

The consent decree will also resolve the claims of the Commonwealth of

Massachusetts (``Commonwealth'') in connection with the Site under

CERCLA and the Massachusetts Oil and Hazardous Material Release

Prevention and Response Act, M.G.L. c. 21E.

Under the proposed consent decree, RohmTech will make an immediate

payment to the United States and the Commonwealth in the amount of

$4,000,000, plus interest. In addition, the United States and the

Commonwealth will receive a percentage of gross proceeds from related

insurance litigation and litigation against another potentially

responsible party. Of the total payments, $2,100,000 will be paid to

the United States and the Commonwealth in connection with claims for

natural resource damages at the Site. The remaining money will be paid

to the United States and the Commonwealth as reimbursement for response

costs incurred and to be incurred at the Site. The amount of the

payments to be made by RohmTech reflect the company's financial

condition.

The Department of Justice will receive, for a period of up to

thirty 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, P.O. Box 7611, Ben Franklin Station,

Washington, DC 20044, and should refer to United States v. RohmTech,

Inc., DOJ Ref. Number 90-11-2-340. Commenters may request an

opportunity for a public meeting in the affected area, in accordance

with Section 7003(d) of RCRA, 42 U.S.C. Sec. 6973.

The proposed consent decree may be examined at the Environmental

Protection Agency, One Congress Street, Boston, Massachusetts (contact

Joanna Jerison at 617-565-3350) 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 refer to the referenced case and

enclose a check in the amount of $12.50 (50 pages at 25 cents per page

reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 97-27206 Filed 10-14-97; 8:45 am]

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