[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5575-5576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2316]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 27, 2004, a proposed Consent 
Decree in United States v. A-L Processors, f.k.a. Atlas-Lederer Co., et 
al., Civil Action No. C-3-91-309, was lodged with the United States 
District Court for the Southern District of Ohio.
    In this action United States seeks the reimbursement of response 
costs in connection with the United Scrap Lead Superfund Site in Troy, 
Miami County, Ohio (``the Site'') pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9601 et seq. The Consent Decree resolves the United States' 
claims against Defendants Broadway Iron & Metal, Barker Junk Company, 
Inc., Moyers Auto Wrecking, and U.S. Waste materials, for response 
costs incurred as a result of the release or threatened release of 
hazardous substances at the Site. Two of these settlements are 
``ability-to-pay'' settlements based on financial analyses conducted by 
the Department's Antitrust Corporate Finance Unit. All of the settling 
Defendants made de minimis contributions of waste to the Site. The four 
settling parties collectively will pay the United States $137,499.18. 
The United States' remaining outstanding costs exceed $9,000,000 and 
are being sought from the remaining defendants in this case.
    The Consent Decree also resolves the United Scrap Lead Respondent 
Group's (``Respondent Group'') CERCLA claims against the same parties 
for response costs incurred by the Respondent Group

[[Page 5576]]

in cleaning up the Site under an earlier Consent Decree. The settling 
parties will pay the Respondent Group a total of $38,782.55.
    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, P.O. Box 7611, Washington, DC 20044, and should refer to 
United States v. A-L Processors, f.k.a. Atlas-Leaderer Co., et al., 
D.J. Ref. 90-11-3-279B.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Ohio, Federal Building Room 602, 
200 West Second Street, Dayton, Ohio, or at the Region 5 Office of the 
Environmental Protection Agency, 77 West Jackson Street, Chicago, 
Illinois 60604-3590. During the public comment period the proposed 
Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
proposed Consent Decree may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $5.75 (23 pages at 25 
cents per page reproduction cost) payable to the U.S. Treasury.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-2316 Filed 2-4-04; 8:45 am]
BILLING CODE 4410-15-M