Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act (``CERCLA'')

In accordance with Departmental policy, 28 CFR Sec. 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. Haviland Properties, Steven Roberts,

Myung Chung, Byung Chung, Raymond Sison, and Ines Sison, 97 Civ 8164

(BSJ) (S.D.N.Y), was lodged on November 4, 1997, with the United States

District Court for the Southern District of New York. The consent

decree provides for payment by the settling defendants toward

reimbursement of response costs incurred in connection with the

remediation of hazardous waste contamination at the Haviland Complex

Superfund Site (``the Site''), which is located in the Town of Hyde

Park, Dutchess County, New York. The Consent Decree requires the

defendants to pay to total of $450,000 of the United States and $50,000

to the State of New York over a three year period. In addition, the

defendants have agreed to pay to the United States and the State 15% of

the net proceeds upon any sale of the property in exchange for the

transfer to the purchaser of the property of all rights, benefits and

obligations under the consent decree. In the alternative, if the

property is not sold within five years of the date of the entry of the

consent decree, the United States, at its option, may elect to require

the Defendants to pay the sum $30,000 in lieu of 15% of the net

proceeds.

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 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. Haviland Properties, Steven Roberts, Myung Chung,

Byung Chung, Raymond Sison, and Ines Sison, DOJ Ref. No. 90-11-2-309.

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

United States Attorney for the Southern District of New York, 100

Church Street, New York, New York 10007 (contact Assistant United

States Attorney Kathy S. Marks); the Region II Office of the

Environmental Protection Agency, 290 Broadway, New York, New York

10007-1866 (contact Assistant Regional

[[Page 66883]]

Counsel Michael Mintzer); and at 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 $12.25 (25 cents

per page reproduction costs) for the consent decree, payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-33345 Filed 12-19-97; 8:45 am]

BILLING CODE 4410-15-M