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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States and State

of Connecticut v. Town of Southington, et al., Civil Action Nos. 3:

98cv8 and 3:98cv236 was lodged on March 12, 1998 with the United States

District Court for the District of Connecticut.

The complaint in this action seeks (1) to recover, pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), 42 U.S.C. 9601 et seq., response costs incurred and to be

incurred by the U.S. Environmental Protection Agency (``EPA'') at the

Old Southington Landfill Superfund Site located in the Town of

Southington, Connecticut (``Site''); and (2) injunctive relief under

Section 106 of CERCLA, 42 U.S.C. 9606. The defendants include Town of

Southington, United Technologies Corp. and 266 other parties.

The proposed Consent Decree embodies an agreement with two

potentially responsible parties (``PRPs'') at the Site pursuant to

sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, to perform a

remedial action at the Site including the relocation of businesses

located on the Site, the construction of a multi-layer cap, the

excavation and consolidation of a ``hot-spot'', the extraction and

possible treatment of landfill gases, and the performance of additional

goundwater studies. The proposed Consent Decree also embodies an

agreement with 266

[[Page 23474]]

PRPs at the Site, including the U.S. Army, the U.S. Navy and the

General Services Administration, to pay approximately $5.1. million, in

aggregate, in settlement of claims for EPA's past and future response

costs, and certain private parties' past costs at the Site. The monies

paid by these 266 settlers will be used to reimburse past costs

incurred at the Site and to partially fund the remedial action being

performed by the two performing parties.

The Consent Decree provides the settling defendants with releases

for civil liability for: (1) EPA's and the State of Connecticut's

(``State's'') past CERCLA response costs at the Site; (2) response

costs in connection with the remedy for the Site; and (3) for damages

for natural resources under the trusteeship of the Secretary of

Commerce, through the National Oceanic and Atmospheric Administration.

Notice of the Consent Decree originally was published on March 26,

1998. See 63 Fed. Reg. 14730-31. Since that time however, the Consent

Decree's appendix listing the names of the settling defendants was

modified to add the names of additional settling defendants. Because of

this modification, the public notice period will be extended. 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,

P.O. Box 7611, Washington, D.C. 20044-7611, and should refer to United

States and State of Connecticut v. Town of Southington, et al., DOJ

Ref. No. 90-11-2-420A.

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

United States Attorney, U.S. Courthouse, 915 Lafayette Blvd., Rm. 309,

Bridgeport, CT 06604; the Region I Office of the Environmental

Protection Agency, Region I Records Center, 90 Canal Street, First

Floor, Boston MA 02203; and at the Consent Decree Library 1120 G

Street, N.W., Fourth 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, Fourth Floor,

N.W., Washington D.C. 20005. In requesting a copy, please refer to the

referenced case and enclose a check in the amount of $175.00 (25 cents

per page reproduction costs); payable to the Consent Decree Library.

Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-11325 Filed 4-28-98; 8:45 am]

BILLING CODE 4410-15-M