[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Notices]
[Page 16750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8457]


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DEPARTMENT OF JUSTICE


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

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Ben 
Shemper & Sons, Inc, et al., Civil Action No. 94-50385/LAC was lodged 
on March 12, 1999, with the United States District Court for the 
Northern District of Florida. In December 1994 pursuant to Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9607, the United States filed this 
action to recover response actions at the Sapp Battery Site near 
Cottondale, Florida. In addition, the complaint contained a claim 
against defendant, Ben Shemper & Sons, Inc. (Shemper) under Section 
106(a) of CERCLA, 42 U.S.C. 9606(a), for failure to comply with EPA's 
Unilateral Administrative Order directing Shemper to participate in 
implementing the remedy for soil contamination at the site. The site 
was contaminated with lead and other heavy metals as the result of 
battery cracking operations conducted at the site from approximately 
1970 to 1980. The consent decree requires Shemper to pay $1,330,000 
plus interest over a period of approximately three years.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
consent decree. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530, and should refer to: United States 
v. Ben Shemper & Sons, Inc., et al., DOJ Ref. # 90-11-2-699E.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Northern District of Florida, 114 E. Gregory 
Street, Pensacola, Florida 32501; Office of the U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 
30303; 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 refer to the referenced case and 
enclose a check in the amount of $4.50 (25 cents per page reproduction 
costs), payable to the Consent Decree Library.
Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 99-8457 Filed 4-5-99; 8:45 am]
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