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. PO Corporation, Civil Action No. 98CV10759

EFH, was lodged on April 30, 1998, with the United States District

Court for the District of Massachusetts. The proposed consent decree

resolves the United States's claims against PQ Corporation, Nyacol

Products, Inc., Robert Lurie, and Thomas O'Connor 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 Resource Conservation and Recovery Act, 42 U.S.C.

Sec. 6973. Defendants PQ, NPI, Lurie and O'Connor are current or former

owners 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.

Finally, the consent decree will also resolve the claims of the United

States and the Commonwealth against Robert Lurie and Thomas O'Connor

under M.G.L. c. 109A.

Under the proposed consent decree, the settlers jointly will make

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

$8,000,000, plus interest. Of the total payments, $923,077 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

80% to the United States and 20% the Commonwealth as reimbursement for

response costs incurred and to be incurred at the Site.

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, D.C. 20044, and should refer to United States v. PO

Corporation, DOJ Ref. Number 90-11-2-340e. 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, 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 $18.00 (72 pages

at 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. 98-12874 Filed 5-13-98; 8:45 am]

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