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 Department policy, 28 CFR 50.7, notice is hereby

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

Vermont v. Bennington Potters, Inc., et al., Civil Action Nos. 2:98-CV-

421 and 2:98-CV-422 was lodged on December 31, 1998, with the United

States District Court for the District of Vermont.

The complaint in this action seeks to recover, pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

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

incurred by EPA at the Bennington Landfill Superfund Site located in

the Town of Bennington, Vermont (``Site''). The defendants are

Bennington Potters, Inc., EHH Realty Corp., Graphitek of Vermont, Inc.

and Lauzon Machine & Engineering, Inc.

The proposed Consent Decree embodies an agreement with four

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

Section 122(g) of CERCLA, 42 U.S.C. 9622(g), to pay $175,000, in

aggregate, in settlement of claims for past and future response costs

at the Site and claims for natural resource damages. Of this total,

$36,750 will be paid to the United States and $138,250 will be paid to

five parties who are performing a remedial action at the Site. The

monies paid to the five performing parties will be used to partially

fund the remedial action and a natural resource damages restoration

project being performed by the five performing parties.

The Consent Decree provides the settling defendants with a release

for civil liability for EPA's and the State of Vermont's (``State's'')

past and future CERCLA response costs and natural resource damages at

the Site for resources under the trusteeship of the Secretary of the

Interior and the Secretary of Commerce, through the National Oceanic

and Atmospheric Administration, and under the trusteeship of the State.

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, Ben Franklin Station,

[[Page 4704]]

Washington, D.C. 20044, and should refer to United States and State of

Vermont v. Bennington Potters, Inc., et al., DOJ Ref. No. 90-11-3-868A/

1.

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

United States Attorney, 11 Elmwood Avenue, Burlington Vermont 05401;

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 NW, Fourth 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, Fourth Floor, Washington, DC 20005. In requesting a copy,

please refer to the referenced case and enclose a check in the amount

of $5.25 (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. 99-2078 Filed 1-28-99; 8:45 am]

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