Pollution control; consent judgments: Exxon Corp. et al.,

[Federal Register: December 21, 1999 (Volume 64, Number 244)]

[Notices]

[Page 71499]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21de99-115]

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 FR 19029, and 42 U.S.C. 9622(d), notice is hereby govern that a proposed Consent Decree in United States v. Exxon Corporation, et al., DOJ # 90-11-2- 201, Civ No. C-92-486, was lodged in the United States District Court for the District of New Hampshire on December 8, 1999. The Consent Decree resolves claims of the United States under Sections 106(b) and 107(a) and (c) of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606(b) and 9607(a) and (c), against four defendants and twenty-seven (27) third- party defendants (``Settling Defendants'') relating to cost reimbursement and cleanup of the Auburn Road Landfill Superfund Site in Londonderry, New Hampshire (the ``Site''). The direct defendants are Exxon Corporation, Grassy Knoll Associates, Peter Johnson, and Workplace Systems Corporation. Under the proposed Consent Decree, the Settling Defendants agree, inter alia, to reimburse to the United States $5.84 million in past response costs incurred at the Site, to perform future Work at the Site under EPA's 1989 Record of Decision as amended by EPA's 1996 Amended Record of Decision, and to pay EPA's oversight costs incurred in connection with that Work. The Work involves operation and maintenance of the landfill cap, monitoring of ground water, surface water and sediments under a natural attenuation remedy, and the performance of any active remediation of ground water, surface water and sediments that EPA may select in the future. Also, Peter Johnson/Grassy Knoll will pay $100,000, and Workplace Systems Corporation will pay $25,000 and perform a supplemental environmental project, to resolve our claims for civil penalties/punitive damages concerning their alleged violations of a unilateral administrative order issued by EPA in 1990 (``1990 UAO'').

Additionally, under the proposed Decree, Settling Defendants will reimburse the State for a portion of its past response costs and will reimburse the Town of Londonderry, New Hampshire for a portion of its response costs. Further, Peter Johnson agrees to convey to the Town of Londonberry certain property at the Site, subject to use restrictions. In return, the United States covenants not to sue Settling Defendants for response costs or response actions at the Site, subject to certain reopeners and reservations of rights. The United States also covenants not to sue Peter Johnson and Workplace Systems for civil penalties and punitive damages for their violations of the 1990 UAO. Only three third-party defendants are not participating in the settlement.

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, DC 20530, and should refer to United States v. Exxon Corporation, et al., DOJ # 90-11-2-201. The proposed Consent Decree may be examined at the Office of the United States Attorney, District of New Hampshire, 55 Pleasant Street--Room 312, Concord, New Hampshire 03301; and at the Region I Office of the U.S. Environmental Protection Agency, One Congress Street, Suite 1100-- RCA, Boston, Massachusetts 02114-2023. 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 $170.00 (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. 99-32975Filed12-20-99; 8:45 am]

BILLING CODE 4410-15-M