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Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

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

 
[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Notices]
[Page 42425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy03-93]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    Notice is hereby given that a proposed Consent Decree in the action 
entitled United States v. Hathaway-Braley Wharf Co., Civil Action No. 
03 CV 11259WGY (D. Mass.), was lodged on July 2, 2003, with the United 
States District Court for the District of Massachusetts. The proposed 
Consent Decree resolves claims of the United States, under Sections 106 
and 107(a) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607(a), against 
Hathaway-Braley Wharf Company, Inc. (``Hathaway-Braley'') in connection 
with the Atlas Tack Corporation Superfund Site (``Site'') located in 
Fairhaven, Massachusetts. The Consent Decree will also resolve claims 
of the Commonwealth of Massachusetts (``Commonwealth'') in connection 
with the Site under section 107(a) of CERCLA and section 5(a) of the 
Massachusetts Oil and Hazardous Material Release Prevention and 
Response Act, M.G.L. c. 21E.
    Under the proposed Consent Decree, Hathaway-Braley will make a 
payment of $501,575 to the United States to reimburse the United States 
for its past and future response costs incurred in connection with the 
Site and $51,125 to the Commonwealth to reimburse the Commonwealth for 
its past and future response costs incurred in connection with the 
Site. In addition, Hathaway-Braley has agreed to record an 
Environmental Restriction and Easement (``ERE'') with respect to the 
two parcels of property, totaling about 6.2 acres (the ``Property''), 
owned by Hathaway-Braley at the Site. The ERE will impose certain 
restrictions on the use of a portion of the Property and will also 
provide certain access rights with respect to the Property.
    With respect to natural resource damages, Hathaway-Braley has 
agreed to pay $4,990 to the United States Department of the Interior 
and $510 to the National Oceanic and Atmospheric Administration in 
order to reimburse them for damage assessment costs. In addition, 
Hathaway-Braley has agreed to place a Conservation Easement and 
Restriction on the Property that will require the Property to be kept 
in its natural state in perpetuity.
    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, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Hathaway-Braley Wharf Co., Civil Action No. 
03 CV 11259 (D. Mass.), DOJ No. 90-11-3-06890/1. A copy of the comments 
should also be sent to Donald G. Frankel, Trial Attorney, Environmental 
Enforcement Section, Environment and Natural Resources Division, U.S. 
Department of Justice, One Gateway Center, Suite 616, Newton, 
Massachusetts 02458.
    The proposed Consent Decree may be examined at EPA Region 1, One 
Congress Street, Suite 1100, Boston, MA 02114-2023 (contact Ronald 
Gonz[aacute]lez at (617) 918-1786), and at the Office of the United 
States Attorney for the District of Massachusetts, 1 Courthouse Way, 
Boston, Massachusetts 02210 (contact Bunker Henderson at (617) 748-
3272). 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/open.html. Exit Disclaimer A copy of the Consent Decree may 
also be obtained by mail from the Consent Decree Library, PO 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, 
referencing United States v. Hathaway-Braley Wharf Co., Civil Action 
No. 03 CV 11259WGY (D. Mass.), DOJ No. 90-11-3-06890/1. In requesting a 
copy, please enclose a check in the amount of $24 (25 cents per page 
reproduction cost) payable to the U.S. Treasury.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-18052 Filed 7-16-03; 8:45 am]
BILLING CODE 4410-15-M

 
 

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