[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53297-53298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc09-123]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under Comprehensive
Environmental Response, Compensation and Liability Act
Under 28 CFR. 50.7, notice is hereby given that on October 6, 2009,
two related Consent Decrees in United States v. Town of Southington, et
al, No. 3:09cv1515, were lodged with the United States District Court
for the District of Connecticut.
The proposed Consent Decrees resolve claims of the United States,
on behalf of the Environmental Protection Agency (``EPA''), under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Old
Southington Landfill Superfund Site in Southington, Connecticut
(``Site''), against 91 defendants.
One of the Consent Decrees requires five settling defendants
(``Performing Parties'') to perform the Remedial Design/Remedial Action
(``RD/RA'') set forth in the September 2006 Record of Decision for the
Site. The remedy includes: (1) Implementation of institutional
controls, in the form of environmental land use restrictions, on
properties or portions of properties where groundwater volatile organic
compound (``VOC'') concentrations exceed State of Connecticut
Remediation Standard Regulations (``RSRs''); (2) installation of
engineering controls, including building ventilation systems, sub-slab
depressurization systems, or similar technology, in buildings located
over properties or portions of properties where VOCs exceed the State
RSR volatilization criteria; (3) conducting groundwater monitoring in
areas where the potential for vapor intrusion is a concern; (4)
performance of operation and maintenance and monitoring of engineering
and institutional controls to ensure remedial measures are performing
as intended and continue to protect human health and the environment in
the long-term; and (5) conducting of five year reviews. The RD/RA
Consent Decree also requires the five Performing Parties to: (a) Pay a
lump sum of $500,000 to cover EPA's future oversight costs; (b) pay
$537,000 to the U.S. Department of the Interior for federal natural
resource damages; and (c) pay $2,750,000 to the State of Connecticut
for damages to natural resources under the State's trusteeship. The RD/
RA Consent Decree also resolves potential contribution claims by United
Technologies Corp., one of the five Performing Parties, against the
Department of the Army (except regarding disposals from its Quonset
Point facility), the Department of the Navy, and the General Services
Administration in exchange for a payment of $507,960.
The other Consent Decree provides for 86 de minimis potentially
responsible parties to pay $4,248,450. Their payments will be deposited
into a trust account that is being managed by the five Performing
Parties. A portion of these funds will be used by the Performing
Parties to help make the payments required under the RD/RA Consent
Decree and the remaining funds will remain in the trust to provide
financial assurance for the completion of the remedy under the RD/RA
Consent Decree. The De Minimis Consent Decree
[[Page 53298]]
also resolves the direct liability of the Navy regarding disposals from
its Quonset Point facility at the Site in exchange for a payment of
$9,057.
The two proposed Consent Decrees provide that the settlors are
entitled to contribution protection as provided by Section 113(f)(2) of
CERCLA, 42 U.S.C. 9613(f)(2), for matters addressed by the settlements.
The Department of Justice will receive for a period of 30 days from
the date of this publication comments relating to the proposed Consent
Decrees. Comments should be addressed to the Assistant Attorney General
of the Environment and Natural Resources Division, Department of
Justice, Washington, DC 20530, and either e-mailed to pubcomment-
ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044-7611, and should refer to: United States
v. Town of Southington, et al, No. 3:09cv1515, D.J. No. 90-11-2-420/5.
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.
6973(d).
The proposed Consent Decrees may be examined at the Office of the
United States Attorney, District of Connecticut, Connecticut Financial
Center, 157 Church Street, New Haven, CT 06510. During the public
comment period, the proposed Consent Decrees may also be examined on
the following Department of Justice Web site, http://www.usdoj.gov/
enrd/Consent_Decrees.html. Copies of the proposed Consent Decrees may
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 any of the proposed Consent Decrees, please
enclose a check in the amount of $40.25 for the RD/RA Consent Decree
(25 cent per page reproduction cost), and $32.00 for the De Minimis
Consent Decree, payable to the U.S. Treasury.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. E9-24989 Filed 10-15-09; 8:45 am]
BILLING CODE 4410-15-P