[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Notices]
[Page 5870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja08-89]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response Compensation and Liability Act (``CERCLA'')
Notice is hereby given that on January 16, 2008, a proposed Consent
Decree in United States v. Boston & Maine Corp., et al. (D. Mass.) No.
1:08-cv-10062-MBB, was lodged with the United States District Court for
the District of Massachusetts.
In this action, the United States sought the recovery of response
costs pursuant to Section 107(a) of the Comprehensive Environmental
Response, Compensation, and Recovery Act, as amended (``CERCLA''), 42
U.S.C. 9607(a), and the performance of response actions for Operable
Unit 3 of the Iron Horse Park Superfund Site from Defendants Boston &
Maine Corp. (``B&M''), BNZ Materials, Inc. (``BNZ''), and the
Massachusetts Bay Transportation Authority (``MBTA''). Pursuant to the
proposed Consent Decree, B&M, BNZ, and MBTA agree to perform the
remedial action for Operable Unit 3 at the Site, estimated to cost a
total of $23.53 million, and to pay all of U.S. Environmental
Protection Agency's (``EPA's'') future response costs. EPA has agreed
to provide $2.5 million in preauthorized mixed funding to reimburse the
Settling Defendants for a portion of the response actions to be
performed. The proposed Consent decree provides the Settling Defendants
with a covenant not to sue pursuant to Sections 106 and 107 of CERCLA,
42 U.S.C. 9606 and 9607, and Section 7003 of the Resource Conservation
and Recovery Act (``RCRA''), 42 U.S.C. 6973. The Commonwealth of
Massachusetts is also a party to the Consent Decree, and it resolves
the Commonwealth's claims against B&M, BNZ, and MBTA as well.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the 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 v. Boston & Maine, et al. (D. Mass.) No., D.J. Ref. 90-
11-3-90/2. 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 Consent Decree may be examined at the Office of the United
States Attorney, 1 Courthouse Way, John Joseph Moakley Courthouse,
Boston, MA 02210 and at the U.S. Environmental Protection Agency,
Region 1, One Congress Street, Boston, Massachusetts 02114. 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/
Consent_Decrees.html. A copy of the 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. In
requesting a copy from the Censent Decree Library, please enclose a
check in the amount of $104.25 (25 cents per page reproduction cost)
payable to the U.S. Treasury, or if by email or fax, forward a check in
that amount to the Consent Decree Library at the stated address. In
requesting a copy exclusive of Appendices, please enclose a check in
the amount of $14.75 (25 cents per page reproduction cost) payable to
the U.S. Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 08-410 Filed 1-30-08; 8:45 am]
BILLING CODE 4410-15-M