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

Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, and Section

122(d)(2) of the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), notice is hereby

given that a proposed Consent Decree in United States v. City of

Portsmouth, et al. and State of New Hampshire v. City of Portsmouth, et

al., consolidated as Civil Action No. 98-600-SD, was lodged with the

United States District Court for the District of New Hampshire on

October 30, 1998. The claims in this civil action relate to the Coakley

Landfill Superfund Site in North Hampton and Greenland, New Hampshire.

The proposed Consent Decree resolves the United States' claims

under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and Section

7003 of the Resource Conservation and Recovery Act (``RCRA''), 42

U.S.C. 6973, on behalf of the U.S. Environmental Protection Agency

(``EPA''), against 28 municipal, corporate, and other defendants (the

``Settling Defendants'') for the performance of the Operable Unit Two

management of migration remedial action at the Coakley Landfill Site

and reimbursement towards costs incurred by EPA relating to Operable

Unit Two. In addition, the Consent Decree resolves claims by the State

of New Hampshire against the Settling Defendants relating to Operable

Unit Two. The Consent Decree also provides for contribution by the

United States on behalf of certain agencies of the United States (the

``Settling Federal Agencies'') towards the costs of performance of the

Operable Unit Two work and Operable Unit Two EPA costs. Furthermore,

the Consent Decree provides for contribution by three of the Settling

Defendants towards the costs of performance of Coakley Landfill

Operable Unit One source control work, which is being carried out by

persons other than these three Settling Defendants pursuant to a

previous consent decree, as well as for contribution to EPA oversight

costs for such Operable Unit One work.

The twenty eight Settling Defendants are the City of Portsmouth,

Town of North Hampton, Town of Newington, 1101 Islington Street, Inc.,

Automotive Supply Associates, Inc., BFI Waste Systems of North America,

Inc., Booth Fisheries Corporation, Bournival, Inc., Customs Pools,

Inc., Erie Scientific, Gary W. Blake, Inc., Great Bay Marine, Inc., GTE

Operations Support Incorporated, K.J. Quinn & Co., Inc., Kmart

Corporation, Mobil Oil Corporation, New England Telephone & Telegraph

Company, Newington Midas Muffler, Northern Utilities, Inc., PMC

Liquidation Inc., Public Service Company of New Hampshire, S&H

Precision Manufacturing Co., Inc., Saef Lincoln-Mercury, Inc., Seacoast

Volkswagen, Inc., Simplex Technologies, Inc., United Technologies

Corporation, Waste Management of Maine, Inc., and Waste Management of

New Hampshire, Inc. These defendants include former operators of the

Coakley Landfill and generators and transporters of wastes taken to the

Coakley Landfill.

Under the terms of the Consent Decree, the Hazardous Substances

Superfund will receive $999,000 from the 28 Settling Defendants as a

group towards EPA Operable Unit Two past costs and $251,000 from the

United States on behalf of the Settling Federal Agencies towards EPA

Operable Unit Two past costs. The Settling Defendants will also perform

the Remedial Design and Remedial Action (``RD/RA'') for Operable Unit

Two as selected in EPA's Record of Decision dated September 30, 1994.

In addition, the Settling Defendants will reimburse the EPA Hazardous

Substances Superfund up to $60,000 in oversight costs relating to

Operable Unit Two and, in the event that the United States or the State

incurs future response costs other than oversight costs relating to

Operable Unit Two, will reimburse the United States and the State for

such future response costs. The United States, on behalf of the

Settling Federal Agencies, will reimburse the Settling Defendants for

20.08% of the costs of Operable Unit Two work performed by the Settling

Defendants, as well as 20.08% of oversight and future response costs

paid by the Settling Defendants.

In addition, the Hazardous Substances Superfund will receive

$18,706.22 from Great Bay Marine, Inc.; $16,250.00 from 1001 Islington

Street, Inc.; and $18,706.22 from Bournival, Inc., three of the

Settling Defendants, towards EPA Operable Unit One oversight costs.

Also, Great Bay Marine, Inc. will pay $56,118.66; 1001 Islington

Street, Inc. will pay $48,750.00; and Bournival, Inc. will pay

$56,118.66, over time with interest, to the Coakley Landfill Trust, a

trust account set up to pay for the Operable Unit One work being

performed by other parties pursuant to the previous Coakley Operable

Unit One decree.

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. In addition, because the Consent Decree

includes covenants not to sue the Settling Defendants under Section

7003 of RCRA, 42 U.S.C. 6973, the United States will provide an

opportunity for a public meeting in the affected area, if requested

within the thirty (30) day public comment period. See 42 U.S.C.

Sec. 6973(d). Any comments and/or requests for a public meeting should

be addressed to the Assistant Attorney General of the Environment and

Natural Resources Division, Department of Justice, Washington, DC

20530, and should refer to United States v. City of Portsmouth, et al.,

Civil Action No. 98-600-SD, D.J. Ref. 90-11-2-678B.

[[Page 64280]]

The proposed Consent Decree may be examined at the Office of the

United States Attorney, District of New Hampshire, 55 Pleasant Street,

Concord, New Hampshire 03301, at the Region I office of the

Environmental Protection Agency, One Congress St., Boston,

Massachusetts 02203, and at the Consent Decree Library, 1120 G Street,

NW., 3rd 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 enclose a check in the amount of

$62.25, payable to the Consent Decree Library for the 25 cent per page

reproduction cost.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environmental and

Natural Resources Division.

[FR Doc. 98-30970 Filed 11-18-98; 8:45 am]

BILLING CODE 4410-15-M