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 Departmental policy, 28 CFR 50.7, notice is

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

of Connecticut v. A.G. Miller Company, Inc., et al., Civ. No. 399-CV-

0471 & 0473 (JCH), was lodged on March 16, 1999 with the United States

District Court for the District of Connecticut. The United States'

complaint seeks to recover, pursuant to the Comprehensive Environmental

Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601,

et al., future response costs to be incurred by EPA at the Old

Southington Landfill Superfund Site located in the town of Southington,

Connecticut (``Site'').

The proposed Consent Decree embodies an agreement with 119 de

minimis PRPs at the Site, pursuant to Section 122(g) of CERCLA, 42

U.S.C. 9622(g), to pay $828,831, in aggregate, in settlement of claims

for future response costs at the Site and claims for natural resource

damages at the Site. Of this total, $814,573 will be paid to the United

States and $14,258 will be paid to the Department of the Interior

(``DOI''). The monies paid to the United States will be set aside for

the purpose of funding future response actions at the Site, including a

possible future groundwater remedy. The monies paid to DOI will be set

aside to fund a future natural resource damages restoration project in

connection with the Site.

The proposed Consent Decree provides the 119 de minimis settling

defendants with a release for civil liability for EPA's and the State's

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, Washington, D.C. 20044, and should

refer to United States and State of Connecticut v. A.G. Miller Company,

Inc., et al., DOJ Ref. No. 90-11-2-420/1.

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

United States Attorney, U.S. Courthouse, 915 Lafayette Blvd., Rm. 309,

Bridgeport, CT 06604; the Region I Office of the Environmental

Protection Agency, Region I Records Center, 90 Canal Street, Fourth

Floor, Boston, MA 02203; and at the Consent Decree Library, 1120 G

Street, N.W., Third 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, Third Floor, N.W.,

Washington, D.C. 20005. In requesting a copy, please refer to the

referenced case and enclose a check in the amount of $35.50 (25 cents

per page reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-8458 Filed 4-5-99; 8:45 am]

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