[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43876-43877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15587]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On July 14, 2020, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Massachusetts, in the lawsuit entitled United States v. 280 Salem
Street, LLC et al., Civil Action No. 1:20-cv-11321.
The United States filed this lawsuit under Sections 106, 107, and
113 of the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. 9606, 9607, and 9613. In its
complaint, the United States seeks (a) recovery, under Section 107(a)
of CERCLA, 42 U.S.C. 9607(a), of response costs it incurred in
conducting response activities in connection with the release or
threatened release of hazardous substances into the environment at or
from Operable Unit 4 (``OU4''), also known as the ``Southwest
Properties,'' of the Wells G&H Superfund Site, located in Woburn,
Massachusetts (the ``Site''); (b) a declaratory judgment, under Section
113(g)(2) of CERCLA, 42 U.S.C. 9613(g)(2), holding that all defendants
will be liable for any further response costs the United States may
incur as a result of a release or threatened release of hazardous
substances into the environment at or from OU4; and (c) injunctive
relief under Section 106 of CERCLA, 42 U.S.C. 9606, requiring that
Defendants take action to abate conditions at or near OU4 that may
present an imminent and substantial endangerment to the public health
or welfare or the environment because of actual and threatened releases
of hazardous substances into the environment at or from OU4.
Under the proposed consent decree, three defendants (the
``Performing Settling Defendants''), which allegedly owned or operated
facilities in OU4, will perform a remedial action estimated to cost
approximately $19.1 million and pay 80 percent of EPA's future response
costs, including costs of overseeing this cleanup work. The
[[Page 43877]]
thirteen other defendants (the ``Cashout Settling Defendants''), which
allegedly arranged for the disposal of hazardous substances at OU4,
will pay approximately $3.9 million into a trust fund for use by the
Performing Settling Defendants to help finance the remedial work. As
part of the settlement, EPA will make available $4.8 million from a
special site account (from monies obtained in prior settlements related
to the Site) to partially fund the remedial action. The Performing
Settling Defendants are 280 Salem Street, LLC; ConAgra Grocery Products
Company, LLC; and Murphy's Waste Oil Service, Inc. The Cashout Settling
Defendants are Atos IT Solutions and Services, Inc.; BASF Corporation;
Cognis USA LLC; Goulston Technologies, Inc.; NSTAR Electric Company d/
b/a Eversource Energy; Organix, LLC; OSRAM SYLVANIA, Inc., Pharmacia,
LLC, by its Attorney-in-Fact, Monsanto Company; Stepan Company; The
Gillette Company; The Sherwin Williams Company; Varian Medical Systems,
Inc.; and W.R. Grace & Co.--Conn.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. 280 Salem Street, et al., D.J.
Ref. No. 90-11-3-194/2. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. Paper copies of the consent
decree are available upon written request and payment of reproduction
costs. Such requests and payments should be addressed to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
With each such request, please enclose a check or money order for
$31.75 (25 cents per page reproduction cost) per paper copy, payable to
the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2020-15587 Filed 7-17-20; 8:45 am]
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