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

[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Page 8123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3914]



[[Page 8123]]

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DEPARTMENT OF JUSTICE


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

    In accordance with Department of Justice policy, 28 CFR 50.7, 
notice is hereby given that a proposed partial consent decree in the 
consolidated action entitled United States of America v. Western 
Publishing Co., Inc., et al., Civil Action No. 94-CV-1247 (LEK/DNH) and 
State of New York v. F.I.C.A. a/k/a Dutchess Sanitation Services, Inc., 
et al., Civil Action No. 86-CV-1136 (LEK/DNH) (N.D.N.Y.), was lodged on 
January 22, 1999, with the United States District Court for the 
Northern District of New York. The proposed partial consent decree 
resolves claims of the United States, on behalf of the U.S. 
Environmental Protection Agency, and the State of New York against 
fourth-party Dupont Semiconductor Products, Pawling Corporation, H.O. 
Penn Machinery Co., Inc., Schatz Bearing Corp., Rao's Suburban 
Sanitation, Inc., Royal Carting of Dutchess County, Inc., M & G 
Sanitation Corp., and Great Eastern Color Lithographic Corp., under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended, 42 U.S.C. 9601-9675 (``CERCLA''). These claims are 
for recovery of response costs incurred and to be incurred by the 
United States in connection with the Hertel Landfill Superfund Site 
(``Site''), located in the Hamlet of Clintondale, Town of Plattekill, 
Ulster County, New York
    Under the terms of the proposed partial consent decree, the 
settling defendants will pay to the United States $275,000 in 
reimbursement of past response costs incurred by the United States, and 
a 15% premium on such payment to be applied toward future remedial 
action costs to be incurred with respect to the Site. The remedial 
action is to be performed by other settling defendants under a separate 
partial consent decree related to the resolution of this litigation and 
lodged concurrently herewith, providing performance of the remedial 
design and remedial action set forth in the September 27, 1991 Record 
of Decision for the Site. The instant proposed partial consent decree 
provides the settling defendants with releases for civil liability 
under Sections 106 and 107(a) of CERCLA relating to the Site as 
consideration for the payments to be made.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed partial consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, DC 20530, and should refer to 
United States of America v. Western Publishing Co., Inc., et al., Civil 
Action No. 94-CV-1247 (LEK/DNH) and State of New York v. F.I.C.A. a/k/a 
Dutchess Sanitation Services, Inc., et al., Civil Action No. 86-CV-1136 
(LEK/DNH) (N.D.N.Y.), DOJ Ref. No. 90-11-2-767A.
    The proposed partial consent decree may be examined at the Office 
of the United States Attorney, 445 Broadway, Room 231, Albany, New York 
12207; the Region II Office of the Environmental Protection Agency, 290 
Broadway, New York, New York 10007-1866; and the Consent Decree 
Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, telephone 
(202) 624-0892. A copy of the proposed partial consent decree may be 
obtained in person or by mail from the Consent Decree Library. In 
requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $10.25 (25 cents per page reproduction costs) 
made payable to Consent Decree Library.
Joel M. Gross,
Chef, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-3914 Filed 2-17-99; 8:45 am]
BILLING CODE 4410-15-M