Notice of Lodging of Second Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act, 30166 [E8-11584]

Agencies

• Department of Justice

[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Page 30166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11584]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Second Consent Decree Pursuant to 
Comprehensive Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on May 15, 2008, a proposed Second 
Consent Decree in United States of America and the State of New 
Hampshire v. City of Dover, et al., Civil Action No. 1:92-cv-406-M, was 
lodged with the United States District Court for the District of New 
Hampshire.
    The proposed Second Consent Decree is between Plaintiffs the United 
States of America and the State of New Hampshire, and Defendants the 
City of Dover, BFI Waste Systems of North America, LLC, CVS Pharmacy, 
Inc., ElectroCraft New Hampshire, Inc., Town of Madbury, Moore Wallace 
North America, Inc., Leonard Rosen, Siebe Inc., Wentworth-Douglass 
Hospital, Bayhead Products Corporation, Cleary Cleaners, Dover 
Technologies International, Inc., Electric Motor Servicenter, Inc., J&E 
Specialty, Inc., General Electric Company, George J. Foster & Company, 
Inc., Northeast Container Corporation, Portland Glass, Public Service 
of New Hampshire, United Parcel Service, Inc., Varney's Cleaners and 
Laundercenter, Verizon New England, Inc., Waste Management of Maine, 
Inc., and Waste Management of New Hampshire, Inc. (collectively, the 
``Settling Defendants''). The Second Consent Decree amends an original 
settlement of the United States' claims against the Settling Defendants 
under Sections 106 and 107(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 
U.S.C. 9606, 9607(a), and Section 7003 of the Resource Conservation and 
Recovery Act, as amended (``RCRA''), 42 U.S.C. 6973, and the State of 
New Hampshire's claims against the Settling Defendants under Section 
107 of CERCLA, 42 U.S.C. 107, Section 7003 of RCRA, 42 U.S.C. 6973, New 
Hampshire RSA 147-B, and the New Hampshire common law of nuisance.
    Pursuant to the Second Consent Decree, nine Settling Defendants, 
referred to in the Second Consent Decree as ``Work Settling 
Defendants,'' will finance and perform the selected source control and 
groundwater remedies at the Site, estimated to cost $19.4 million. In 
addition, the Work Settling Defendants will reimburse the United States 
for all past and future response costs, with the exception of the first 
$100,000 in future response costs incurred by the United States and the 
first $25,000 in future response costs incurred by the United States in 
connection with a contingent groundwater remedy, if this contingent 
remedy is performed. Further, the Work Settling Defendants will 
reimburse the State of New Hampshire for all future response costs. The 
remaining Settling Defendants, referred to as ``Cash-Out Settling 
Defendants'' made a financial contribution toward the Site cleanup 
pursuant to the original settlement, and are not required to make a 
further payment under the Second Consent Decree.
    The Second Consent Decree includes a covenant not to sue by the 
United States under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606, 
9607(a), and Section 7003 of RCRA, 42 U.S.C. 6973, and a covenant not 
to sue by the State of New Hampshire under Section 107(a) of CERCLA, 42 
U.S.C. 107(a), Section 7003 of RCRA, 42 U.S.C. 6973, New Hampshire RSA 
147-A:9 and 147-B:10, and the New Hampshire common law of nuisance.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Second Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
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 of America and the State of New Hampshire 
v. City of Dover, et al., Civil Action No. 1:92-cv-406-M, D.J. Ref. 90-
11-2-735. 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 Second Consent Decree may be examined at the Office of 
the United States Attorney, District of New Hampshire, 53 Pleasant 
Street, Concord, New Hampshire 03301, and at the United States 
Environmental Protection Agency, Region I, 1 Congress Street, Suite 
1100, Boston, Massachusetts 02114-2023. During the public comment 
period, the proposed Second Consent Decree may also be examined on the 
following Department of Justice Web site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the proposed 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. If 
requesting a copy by mail from the Consent Decree Library, please 
enclose a check in the amount of $211.00 ($0.25 per page reproduction 
cost) payable to the United States Treasury or, if requesting by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address. If requesting a copy exclusive of exhibits and the 
parties' signature pages, please enclose a check in the amount of 
$25.50 ($0.25 per page reproduction cost) payable to the United States 
Treasury.

Maureen M. Katz,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. E8-11584 Filed 5-22-08; 8:45 am]
BILLING CODE 4410-15-P