Notice2025-01543
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2025
Issuing agencies
Justice Department
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 14 (Thursday, January 23, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Page 8049]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01543]
[[Page 8049]]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'')
On January 16, 2025, 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. Aerosols
Danville, Inc., et al., Civil Action No. 25-10115 (D. Mass.).
The proposed Consent Decree would resolve the affirmative claims of
the United States, on behalf of the United States Department of the
Interior (``DOI''), in United States v. Aerosols Danville, Inc., et
al., Civil Action No. No. 25-10115 (D. Mass.) against Aerosols
Danville, Inc., f/k/a KIK Custom Products, Inc.; Avnet, Inc.; Bank of
America, N.A., Trustee u/w of Lloyd G. Balfour; BASF Catalysts LLC;
Chevron Environmental Management Company, for itself and as Attorney-
in-Fact for Kewanee Industries, Inc.; City of Attleboro, Massachusetts;
ConocoPhillips Company; Handy & Harman; International Paper Company;
Swank Holdings, Inc.; Teknor Apex Company; Texas Instruments
Incorporated; Waste Management of Massachusetts, Inc.; and Town of
Norton, Massachusetts (collectively referred to as ``Defendants''
herein). In that lawsuit, the United States, under section 107(a) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9607(a), seeks damages
for injuries to natural resources and recovery of assessment costs
incurred by DOI in connection with the Shpack Landfill Site located in
the City of Attleboro, Massachusetts and the Town of Norton,
Massachusetts. The proposed Consent Decree would also resolve the
related claims of the Commonwealth of Massachusetts against Defendants
and the United States, on behalf of the United States Department of
Energy, in the lawsuit entitled Massachusetts v. Aerosols Danville,
Inc., et al., Civil Action No. 25-10118 (D. Mass).
Under the proposed Consent Decree, Defendants and the United
States, on behalf of the Department of Energy, will pay a combined
$2,100,000, which will go towards natural resource restoration efforts
and assessment costs incurred by DOI and the Commonwealth. In exchange,
Defendants and the United States, on behalf of the Department of
Energy, will receive covenants not to sue under sections 107 of CERCLA,
42 U.S.C. 9607, and contribution protection under section 113 of
CERCLA, 42 U.S.C. 9613. In addition, Defendants will receive a covenant
from the Commonwealth not to sue under the Massachusetts Oil and
Hazardous Material Release Prevention and Response Act, Mass. Gen Laws
ch. 21E, sections 1-22, or any other statutory law, or any common law.
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,
Environmental Enforcement Section, and should refer to United States v.
Aerosols Danville, Inc., et al., Civil Action No. No. 25-10115 (D.
Mass.), D.J. Ref. Nos. 90-11-2-08360/4 and 90-11-6-21155. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ <a href="/cdn-cgi/l/email-protection#97e7e2f5f4f8fafaf2f9e3baf2f2e4b9f2f9e5f3d7e2e4f3f8fdb9f0f8e1"><span class="__cf_email__" data-cfemail="34444156575b5959515a40195151471a515a4650744147505b5e1a535b42">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
Any comments submitted in writing may be filed in whole or in part
on the public court docket without notice to the commenter.
During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. If you require assistance
accessing the consent decree, you may request assistance by email or by
mail to the addresses provided above for submitting comments.
Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2025-01543 Filed 1-22-25; 8:45 am]
BILLING CODE 4410-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 23, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.