[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Notices]
[Page 49199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23998]
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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 28 CFR 50.7 and Section 122 of the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9622, the Department of Justice gives notice that a proposed
consent decree in United States v. Norrell Dearing, et al. v. First
Nationwide Financial Corp., et al., Civil No. 4:89-CV-2002 (N.D. Ohio),
was lodged with the United States District Court for the Northern
District of Ohio on September 14, 2001, pertaining to the Old Mill
Superfund Site (the ``Site''), located in the Village of Rock Creek,
Ashtabula County, Ohio. The proposed consent decree would resolve the
United States' civil claims under Sections 106 and 107 of CERCLA, 42
U.S.C. 9606 and 9607, and Section 7003 of the Solid Waste Disposal Act,
as amended (``RCRA''), 42 U.S.C. 6973, against seven defendants, and
claims asserted against four third-party defendants, named in this
action.
Under the proposed consent decree, five Settling Performing Parties
(Lord Corp., Meritor Automotive, Inc., Molded Fiberglass Cos., Premix,
Inc., and The Stackpole Corp.) would be obligated to finance and
perform certain changes to the remedy, and operation and maintenance
(``O&M'') of the remedial action, at the Site as specified in the U.S.
Environmental Protection Agency's (``EPA's'') Record of Decision
(``ROD''), issued August 7, 1985, at an estimated net present value
cost of $1.8 million. the Settling Performing Parties would be required
to reimburse the Superfund $7.325 million toward the United States'
past costs at the Site. The Settling Performing Parties would also be
required to reimburse the State of Ohio (the ``State'') $0.76 million
toward the State's past costs at the Site. In addition, the Settling
Performing Parties would be required to reimburse EPA's and the State's
future response costs at the Site, as well as document O&M costs
incurred by the State after August 1, 2001, through the date of
assumption of the O&M by the Settling Performing Parties. The remaining
six Settling Non-Performing Parties (Aardvark Associates, Inc.;
Combustion Engineering, Inc.; First Nationwide National Bank; Formica
Corporation; Jack Webb; and Millenium Holdings, Inc.) will make
payments to the Settling Performing Parties to help finance the
Settling Performing Parties' obligations under the proposed consent
decree.
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. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, United
States Department of Justice, Washington, D.C. 20530, and should refer
to United States v. Norell Dearing, et al. v. First Nationwide
Financial Corp., et al., Civil No. 4:89-CV-2002 (N.D. Ohio), and DOJ
Reference No. 90-11-2-63A. 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. Sec. 6973(d).
The proposed consent decree may be examined at: (1) the Office of
the United States Attorney for the Northern District of Ohio, 1800 Bank
One Center, 600 Superior Avenue East, Cleveland, Ohio 44114-2600 (216-
622-3600); and (2) the United States Environmental Protection Agency
(Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590
(contact: Nola M. Hicks (312-886-7949)). A copy of the proposed consent
decree may be obtained by mail from the Consent Decree Library, U.S.
Department of Justice, P.O. Box 7611, Washington, D.C. 20044-7611. In
requesting a copy, please refer to the referenced case and DOJ
Reference Number and enclose a check in the amount of $29.00 for the
consent decree only (116 pages, at 25 cents per page reproduction
costs), or $45.75 for the consent decree and all appendices (183
pages), made payable to the Consent Decree Library.
William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environmental and
Natural Resources Division.
[FR Doc. 01-23998 Filed 9-25-01; 8:45 am]
BILLING CODE 4410-15-M