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

DEPARTMENT OF JUSTICE

Notice of Consent Decree Pursuant to the Comprehensive

Environment Response, Compensation and Liability Act

In accordance with Department Policy, 28 C.F.R. 50.7, 38 FR 19029,

and 42 U.S.C. 9622(i), notice is hereby given that a proposed Consent

Decree in United States v. William Davis, et at,. Civ. Action No. 99-

0484-T, was lodged in the United States District Court for the District

of Rhode Island on March 5, 1998. The proposed Consent Decree resolves

the United States' claims against defendants, United Sanitation, Inc.,

and A. Capuano Bros., Inc. (``Settling Defendants''), under Section

107(a) of the Comprehensive Environmental Response, Compensation and

Liability Act (``CERCLA''), as amended, 42 U.S.C. 9607(a), concerning

response actions at the Davis Liquid Waste Superfund Site located in

Smithfield, Providence County, Rhode Island (the ``Davis Site'').

Under the terms of the Consent Decree, the Settling Defendants are

required to pay $400,000 to the Superfund in partial reimbursement of

the United States' past and future response costs. Of that sum,

$200,000 will be immediately paid for the Davis Site. It the Settling

Defendants reach settlement with the United Sates in the case of United

States v. Allied Signal. Inc., et al., Civil Action No. 95-617 (D.R.I.)

(the ``Picillo Matter''), within nine months after entry of the Consent

Decree, the remainder shall be used to help satisfy any payments due to

the United States in the settlement in the Picillo Matter. In addition,

the Settling Defendants are required to sell certain real property and

pay the proceeds to the Superfund for the Davis Site. In return, the

United States will grant the Settling Defendants certain covenants not

to sue with respect to the Davis Site.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, written 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

[[Page 12504]]

v. William Davis, et al., Civ, Action No. 90-0484-T, DOJ # 90-11-137B.

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

United States Attorney, District of Rhode Island, Westminster Square

Building, 10 Dorrance Street, 10th Floor, Providence, Rhode Island

02903; at the Regional I Office of the U.S. Environmental Protection

Agency, 90 Canal Street, Boston, Massachusetts 02203; and at the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624-0892. Copies of the 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 enclose a check in the amount of $12.25 (25 cents per page

reproduction costs) payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-6443 Filed 3-12-98; 8:45 am]

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