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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-6443

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 13, 1998
- **Citation:** 63 FR 12503

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-6443. Public record. Not legal advice.