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Notice of Consent Judgments Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 
[Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Notices]
[Page 38573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn00-95]

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DEPARTMENT OF JUSTICE


Notice of Consent Judgments Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act

    In accordance with Departmental Policy, 28 CFR 50.7, 38 Fed. Reg.
19029, and 42 U.S.C. 9622(d), notice is hereby given that a proposed
Consent Decree in United States v. Bemis Company, Inc. and Pervel
Industries, Inc., DOJ# 90-11-2-307B, Civ. No. 3:96-CV-02420 (AVC), was
lodged in the United States District Court for the District of
Connecticut on June 2, 2000. The Consent Decree resolves claims of the
United States against Pervel Industries, Inc. and Bemis Company
concerning enforcement of a February 1990 consent decree (United States
v. Yaworski, Inc. et al., Civ. Act. No. N-89-615 (JAC) (D. Conn.))
relating to the Yaworski Lagoon Superfund Site located in Canterbury
Township, Windham County, Connecticut (``Site''). Additionally, the
Consent Decree resolves related claims for cost recovery under Section
107(a) of the Comprehensive Environmental Response, Compensation and
Liability Act (``CERCLA''), 42 U.S.C. 9607(a), under the Federal Debt
Collection Procedures Act, 28 U.S.C. 3001, et seq., and under the
Federal Priority Statute, 31 U.S.C. 3701 et seq.
    Under the proposed Consent Decree, Bemis and Pervel agree to
reimburse the United States' response costs in the amount of $3
million, plus interest, which sum will be placed by EPA in a special
site account for use at the Site. Additionally, Bemis and Pervel agree
to pay jointly the sum of $40,000 to the Department of Interior
(``DOI'') to resolve its potential claims for natural resource damages
at the Site. In return, the United States covenants not to sue Settling
Defendants for response costs incurred at the Site, for obligations
under the 1990 consent decree, for natural resource damages under the
trusteeship of DOI and the National Oceanic and Atmospheric
Administration, and for other claims set forth in the complaint in this
action.
    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 v. Bemis Company, Inc. and Pervel Industries,
Inc., DOJ# 90-11-2-307B. The proposed Consent Decree may be examined at
the Office of the United States Attorney, District of Connecticut, Room
328, 450 Main Street, Hartford, Conn. 06103; and at the Region II
Office of the U.S. Environmental Protection Agency, 290 Broadway, New
York, New York 10278. Copies of the Consent Decree may be obtained by
mail from the Justice Department Consent Decree Library, P.O. Box 7611
Ben Franklin Station, Washington, DC 20044, (202) 514-1547. In
requesting a copy, please enclose a check in the amount of $6.75 (25
cents per page reproduction costs) payable to the Consent Decree
Library.

Joel M. Gross,
Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. 00-15593 Filed 6-20-00; 8:45 am]
BILLING CODE 4410-15-M

 
 

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