[Federal Register: February 4, 1999 (Volume 64, Number 23)]
[Notices]               
[Page 5676-5677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe99-84]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended

    Consistent with Departmental policy, 28 C.F.R. 50.7, 38 FR 19029, 
and 42 U.S.C. Sec. 9622, notice is hereby given that on January 25, 
1999, a proposed consent decree in United States v. Harry J. Smith, 
Jr., et al., Civil Action No. 99-21B, was lodged with the United States 
District Court for the District of Maine. The proposed Consent Decree 
will resolve the United States' claims under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9601 et seq., on behalf of the U.S. Environmental Protection 
Agency (``EPA'') against defendants Harry J. Smith, Jr., Terrell L. 
Lord, and Lisa J. Lord relating to the Eastern Surplus Company 
Superfund Site (``Site'') in Meddybemps, Maine. The proposed Complaint 
alleges that Mr. Smith is liable as a present owner, an owner at the 
time of disposal, an operator, and a person who accepted hazardous 
substances for transport to the Site under Sections 107(a)(1), (a)(2), 
and (a)(4) of CERCLA, 42 U.S.C. 9607(a)(1), (a)(2), and (a)(4). The

[[Page 5677]]

Complaint alleges that the Lords are liable as present owners under 
Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1). The State of Maine 
(``State'') has filed a similar complaint against Smith and the Lords 
which also includes allegations that the United States is liable as a 
generator of hazardous substances at the Site pursuant to Section 
107(a)(3) of CERCLA, 42 U.S.C. 9607(a)(3).
    Pursuant to the Consent Decree, the Settling Defendants shall each 
transfer to the State virtually all of their respective property that 
forms a part of the Site. The United States, as a direct defendant to 
the State and a potential contribution defendant, will pay $11,287,000 
to an Eastern Surplus Company Site Special Account within the Superfund 
and will also pay $2,082,000 to the State. In addition, if the United 
States' or the State's response costs at the Site exceed, within 
designated time periods, the currently anticipated United States and 
State response costs at the Site, the United States will pay 85 percent 
of the amount by which such costs exceed the anticipated amounts.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed consent decree. Any comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, Department of Justice, Washington, D.C. 20530, and should 
refer to United States v. Harry J. Smith, Jr., et al., Civil Action No. 
99-21B, D.J. Ref. 90-11-2-06059.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, District of Maine, Portland, Maine 04104, and 
at Region I, Office of the Environmental Protection Agency, One 
Congress Street, Boston, Massachusetts 02203 and at the Consent Decree 
Library, 1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 
624-0892. A copy of the proposed consent decree may be obtained in 
person or by mail from the Consent Decree Library, 1120 G Street, N.W., 
3rd Floor, Washington, D.C. 20005. In requesting a copy, please enclose 
a check (there is a 25 cent per page reproduction cost) in the amount 
of $14.25 payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-2609 Filed 2-3-99; 8:45 am]
BILLING CODE 4410-15-M