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Lodging of Consent Decree Pursuant to the Comprehensive

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 Lodging of Consent Decree Pursuant to the Comprehensive 



[Federal Register: August 10, 1995 (Volume 60, Number 154)]
[Notices]               

[Page 40857-40858]

>From the Federal Register Online via GPO Access [wais.access.gpo.gov]








DEPARTMENT OF JUSTICE
 


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



    Pursuant to 42 U.S.C. Sec. 9622(d)(2), and 28 C.F.R. Sec. 50.7, 
notice is hereby given that a proposed consent decree in United States 
v. CCL Custom Manufacturing, Inc., Civil Action No. 95-0397-P, was 
lodged on July 27, 



[[Page 40858]]

1995, with the United States District Court for the District of Rhode 
Island.

    The complaint in the CCL Custom Manufacturing action was filed 
pursuant to the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. Sec. 9601 et seq., to recover 
costs incurred by the United States in taking response actions in 
connection with the first operable unit cleanup at the Peterson/
Puritan, Inc. Superfund Site (``Site'') located in the towns of Lincoln 
and Cumberland, Providence County, Rhode Island, and to obtain an order 
requiring the defendants to implement the remedy for the first operable 
unit at the Site selected by EPA in a record of decision dated 
September 30, 1993 (``ROD''). The first operable unit at the Site 
includes the facilities owned and operated by CCL Custom Manufacturing, 
Inc. and Pacific Anchor Chemical Company, the facility formerly owned 
and operated by SUPERVALU Operations, Inc., as well as the geographical 
extent of the contamination emanating from those facilities including, 
but not limited to, the Quinnville Wellfield to the extent that it is 
affected by contamination emanating from the CCL Custom Manufacturing, 
Inc. facility.

    The proposed Consent Decree embodies an agreement by defendants CCL 
Custom Manufacturing, Inc., CPC International Inc. (as indemnitor of 
CCL Custom Manufacturing, Inc.), Lonza Inc., Pacific Anchor Chemical 
Company, and SUPERVALU Operations, Inc. to implement the remedy for the 
first operable unit set forth in the ROD, to reimburse the United 
States in the amount of $1,090,615.56 for past response costs incurred 
in connection with the first operable unit, and to reimburse the United 
States for future response costs that will be incurred in connection 
with the first operable unit. The defendants have also agreed to make a 
payment of $43,883 to the United States in order to settle a potential 
claim of the United States pursuant to Section 107(a)(4)(C) of CERCLA, 
42 U.S.C. 9607(a)(4)(C), for damages for injury to, destruction of, or 
loss of natural resources at the first operable unit. The proposed 
Consent Decree includes a covenant not to sue by the United States 
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and 
under Section 7003 of the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. Sec. 6973.

    The proposed Consent Decree also embodies a settlement involving 
Lonza Inc., Pacific Anchor Chemical Company, and SUPERVALU Operations, 
Inc. of certain claims of the State of Rhode Island related to the 
Site.

    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, Washington, D.C. 20530, and should refer to 
United States v. CCL Custom Manufacturing, Inc., DOJ Ref. #90-11-3-
1233. Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
Sec. 6973(d).

    The proposed Consent Decree may be examined at the Region I Office 
of the Environmental Protection Agency, One Congress Street, Boston 
Massachusetts, at the United States Attorney's Office located at the 
Westminster Square Building, 10 Dorrance Street, 10th Floor, Providence 
02903, and at the Consent Decree Library, 1120 G Street, N.W., 4th 
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, N.W., 4th Floor, Washington, D.C. 20005. 
In requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $146.25 for the decree and all appendices, or in 
the amount of $51.75 for the decree and Appendices A (Statement of 
Work) and C-F (lists of settling defendants) (25 cents per page 
reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.

[FR Doc. 95-19738 Filed 8-9-95; 8:45 am]
BILLING CODE 4410-01-M

 
 

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