[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Notices]
[Pages 25414-25415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10257]


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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 April 21, 2004, a proposed Consent 
Decree in United States v. The Glidden Company, Civil Action No. 
1:02CV2447, was lodged with the United States District Court for the 
Northern District of Ohio.
    In this action the United States sought, under Section 107 of the 
Comprehensive Environmental

[[Page 25415]]

Response, Compensation, and Recovery Act (``CERCLA''), 42 U.S.C. 9607, 
to recover costs incurred by the United States in connection with the 
Ohio Drum Superfund Site in Cleveland, Ohio (the ``Site''). The United 
States also sought a civil penalty and punitive damages for 
noncompliance with a unilateral administrative order (``UAO'') issued 
by the United States Environmental Projection Agency (``U.S. EPA''), 
and a declaratory judgment of liability for future response costs 
incurred by the United States in connection with the Site.
    Under the Consent Decree, The Glidden Company (``Glidden'') would 
reimburse the United States for $343,000 of the approximately $502,316 
in unreimbursed response costs incurred by U.S. EPA relating to the 
Site. If such payment is not received when due, the Consent Decree 
provides for a stipulated penalty in the amount of $500 per day. In 
addition, Glidden would covenant not to sue the United States: (a) With 
respect to Past Response Costs (as defined in the Consent Decree); (b) 
with respect to the UAO; or (c) with respect to the Consent Decree. In 
exchange, the United States would covenant not to sue Gliden: (a) 
Pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), to recover 
Past Response Costs; and (b) pursuant to Section 106(b)(1) of CERCLA, 
42 U.S.C. 9606(b)(1), for its alleged failure to comply with the UAO, 
with certain reservations. In addition, Glidden would receive 
protection for contribution actions or claims pertaining to Past 
Response Costs, as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 
9613(f)(2).
    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, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Glidden Company, D.J. Ref. 90-11-2-1300/3.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1800 Bank One Center, 600 Superior Avenue, East, 
Cleveland, Ohio 44114-2600, and at U.S. EPA Region V, 77 West Jackson 
Blvd., Chicago, IL 60604. During the public comment period, the 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 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 $4.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-10257 Filed 5-5-04; 8:45 am]
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