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Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

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[Federal Register: July 29, 2009 (Volume 74, Number 144)]
[Notices]
[Page 37729-37730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy09-96]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 24, 2009, a proposed Consent
Decree was lodged with the United States District Court for the
District of Massachusetts in United States v. American Premier
Underwriters, Inc., Civil Action No. 05-CV-12189-RWZ.
    In this action, the United States, on November 1, 2005, filed a
complaint, under Sections 107(a) and 113(g)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9607(a) and 9613(g)(2), against American Premier
Underwriters, Inc. (``APU''), seeking reimbursement of response costs
incurred for response actions taken in connection with the release or
threatened release of hazardous substances at the Morses Pond Culvert
Superfund Site in Wellesley, Massachusetts (the ``Site'') and a
declaration that APU is liable for future response costs incurred in
connection with the Site. The proposed Consent Decree provides that APU
will pay the

[[Page 37730]]

United States $2,975,000, plus interest on that amount from May 27,
2009 to the date of payment. The proposed Consent Decree has a standard
covenant not to sue under Section 107(a) of CERCLA, 42 U.S.C. 9607(a),
for Past Response Costs, which are defined as the costs that the United
States Environmental Protection Agency (``EPA''), or the United States
Department of Justice on behalf of EPA, pays at or in connection with
the Site through the date of entry of the Consent Decree, as well as
all accrued interest on such costs. The Decree has a standard
reservation of rights provision. The Decree also provides that APU is
entitled to contribution protection with respect to Past Response Costs
pursuant to Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), or as
may otherwise be provided by law.
    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, Environment and Natural Resources Division, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to United States v. American Premier Underwriters, Inc., D.J.
Ref. 90-11-3-07035. Comments may also be submitted by e-mail to
pubcomment-ees.enrd@usdoj.gov. A copy of the comments should also be
sent to Donald Frankel, Trial Attorney, Environmental Enforcement
Section, Department of Justice, Suite 616, One Gateway Center, Newton,
MA 02458.
    The Consent Decree may be examined at the Office of the United
States Attorney, District of Massachusetts, U.S. Courthouse, Suite
9200, One Courthouse Way, Boston, MA 02210 (contact Barbara Healy
Smith). During the public comment period, the Consent Decree may also
be examined on the following Department of Justice Web site, http://
www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or e-mailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy of the Consent Decree from
the Consent Decree Library, please enclose a check in the amount of
$4.00 (25 cents per page reproduction cost) payable to the U.S.
Treasury (if the request is by fax or e-mail, forward a check to the
Consent Decree Library at the address stated above).

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-18004 Filed 7-28-09; 8:45 am]
BILLING CODE 4410-15-P

 
 

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