# Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
On October 28, 2014, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Connecticut in the lawsuit entitled *United States* v. *City of Derby, Connecticut,* Civil Action No. 3:14-cv-01594-WWE.
The United States filed this lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, *et seq.,* seeking to recover costs incurred in performing a removal action at the O'Sullivan's Island Superfund Site in the City of Derby, Connecticut. Under the proposed ability-to-pay Consent Decree, the City will pay $675,000.00 to EPA. The United States covenants not to sue the City under Section 107 of CERCLA to recover past response costs.
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. *City of Derby, Connecticut,* D.J. Ref. No. 90-11-3-10354. 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 | |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |
During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html.* We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $6.00 (25 cents per page reproduction cost) payable to the United States Treasury.
Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.