[Federal Register: July 28, 1999 (Volume 64, Number 144)]
[Notices]               
[Page 40897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy99-99]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'') and 
the Resource Conservation and Recovery Act (``RCRA'')

    Under 28 CFR 50.7, notice is hereby given that on July 6, 1999, a 
proposed consent decree in United States v. Burgess Brothers, Inc., 
2:99 Civil Action No. 194, was lodged with the United States District 
Court for the District of Vermont.
    The proposed consent decree is a Remedial Design/Remedial Action 
(``RD/RA'') consent decree under Sections 106 and 107 of CERCLA, 42 
U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. 9673, for 
implementation of the remedy selected by the United States 
Environmental Protection Agency (``EPA'') in the Record of Decision 
(``ROD'') issued September 25, 1998, for reimbursement of certain past 
response costs, for reimbursement of future oversight and response 
costs, and for payment of natural resource damages related to the 
Burgess Brothers Superfund Site between Bennington and Woolford, 
Vermont. The proposed consent decree requires three defendants--Burgess 
Brothers, Inc., operator at the Site, Eveready Battery Company, a 
generator of wastes at the Site, and Clyde Burgess, Jr., the owner of 
the Site, to perform the cleanup of the Site as selected by the 
September 25, 1998 ROD, pay the United States $374,143.51 in 
unreimbursed past response costs incurred by EPA, reimburse all future 
response and oversight costs incurred by EPA and future response and 
oversight costs up to $90,000 incurred by the State of Vermont, and pay 
the United States $100,000 in natural resource damages for restoration 
of wetlands at the Site.
    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 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, D.C. 20530, and should refer to United States v. 
Burgess Brothers, Inc., D.J. Ref. 90-11-3-1454. 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, District of Vermont, 11 Elmwood Avenue, Burlington, VT 
05402, at U.S. EPA Region I, One Congress Street, Suite 1100, Boston, 
MA 02114, and at the Consent Decree Library, 1120 G Street, N.W., 3rd 
Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 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 in the amount of $62.50 (25 
cents per page reproduction cost) payable to the Consent Decree 
Library. In requesting a copy exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $10.75 (25 cents 
per page reproduction cost) payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-19206 Filed 7-27-99; 8:45 am]
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