[Federal Register: January 2, 2003 (Volume 68, Number 1)]
[Notices]
[Page 131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja03-96]
[[Page 131]]
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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 a proposed consent decree in United
States and State of Rhode Island v. Town of South Kingstown, R.I., and
Town of Narragansett, R.I., Civil Action 02-535 ML (D.R.I.), was lodged
with the United States District Court for the District of Rhode Island
on December 19, 2002 (``Consent Decree''). The Consent Decree resolves
the claims of the United States and the State of Rhode Island (the
``State'') against the Town of South Kingstown, R.I., and the Town of
Narragansett, R.I. (the ``Towns''), for past response costs and for
implementation of the source control remedy at the Rose Hill Regional
Landfill Superfund Site (``Rose Hill Landfill Site'' or ``Site''). The
United States' claims are under section 106 and 107 of the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA''), 42 U.S.C. 9606, 9607, and the State's claims are under
section 107 of CERCLA, 42 U.S.C. 9607, and R.I.G.L. chapters 23-18.9,
23-19.1, and 23-19.14. The Rose Hill Landfill Site is located in the
Village of Peace Dale, Town of South Kingstown, Washington County,
Rhode Island.
Under the Consent Decree, the Towns will pay $4,000,000, plus
interest from March 31, 2002, to a Superfund special account in
settlement of past costs incurred by the United States and future costs
relating to the Operable Unit One--Source Control (``OU1'') remedy to
be incurred by the United States. The OU1 remedy provides for
excavation of the bulky waste at the Site and consolidating the bulky
waste onto the solid waste area, followed by capping of the waste,
along with leachate collection, landfill gas treatment, institutional
controls, and monitoring. The Consent Decree provides that the State
will implement the OU1 remedy and be responsible for 50% of the cost of
construction and 100% of the cost of operation and maintenance of that
remedy. Under the Consent Decree, the Towns are to eventually reimburse
the State for 30 percent of the State's OU1 remedy costs through a
combination of cash payments and in-kind operation and maintenance
services.
Furthermore, the Consent Decree resolves the Towns' liability to
the United States and the State for natural resource damages relating
to the Rose Hill Landfill Site, subject to a reopener for unknown
conditions and new information. The Towns will pay $122,000 to the
National Oceanic and Atmospheric Administration (``NOAA'') and $3,000
to the Department of the Interior (``DOI'') in settlement of Federal
claims for natural resources damages and/or natural resource damage
assessment costs. The Towns will also repair or replace the Indian Run
Reservoir Dam and the Asa Pond Dam, both in the Town of South
Kingstown, R.I., in settlement of the State's claims for natural
resource damages.
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, Environment and Natural Resources Division,
PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to United States and State of Rhode Island v. Town of
South Kingstown, R.I., and Town of Narragansett, R.I., DOJ Ref.
90-11-3-06626.
Under R.I.G.L. Sec. 23-19.14-11, the State will also receive, for
a period of fourteen (14) days, written comments relating to the
proposed Consent Decree. Comments should be addressed to the Director,
Rhode Island Department of Environmental Management, 235 Promenade
Street, Providence, Rhode Island 02908, and should refer to United
States and State of Rhode Island v. Town of South Kingstown, R.I., and
Town of Narragansett, R.I.
The proposed Consent Decree may be examined at the office of the
United States Attorney for the District of Rhode Island, Fleet Center,
50 Kennedy Plaza, Providence, R.I. 02903 (contact Assistant United
States Attorney, Michael P. Iannotti); the Region I Office of the U.S.
Environmental Protection Agency, One Congress Street, Suite 1100,
Boston, MA 02114-2023 (contact Senior Enforcement Counsel, Amelia Welt
Katzen); and the office of the Rhode Island Department of Environmental
Management, 235 Promenade Street, Providence, Rhode Island 02908
(contact Senior Legal Counsel, John A. Langlois). A copy of the
proposed Consent Decree may be obtained by mail from the Consent Decree
Library, PO Box 7611, Washington, DC 20044-7611 or by faxing a request
to Tonia Fleetwood, fax no. (202) 514-0097, phone confirmation number
(202) 514-1547. In requesting a copy, please refer to the referenced
case and enclose a check in the amount of $21.25 (25 cents per page
reproduction costs) for the Consent Decree, without appendices, or
$150.25 (25 cents per page reproduction costs) for the Consent Decree,
with appendices, payable to the U.S. Treasury.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 02-33085 Filed 12-31-02; 8:45 am]
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