[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Page 58470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20041]
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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 September 19, 2005, a proposed
Consent Decree (``Consent Decree'') in United States v. Eliskim, Inc.
et al., Civil Action No. 1:05CV2196 was lodged with the United States
District Court for the Northern District of Ohio, Eastern Division.
In this action, the United States, on behalf of the United States
Environmental Protection Agency (``EPA''), sought to recover response
costs from Eliskim, Inc. (``Eliskim'') and the City of Geneva, Ohio
(``City'') pursuant to Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 107.
The response costs were incurred in response to releases and threatened
releases of hazardous substances from the True Temper Sports Superfund
Site located in the City of Geneva, Ohio (the ``Site''). The Consent
Decree would require Eliskim and the City to pay respectively $56,500
and $12,500 toward the response costs incurred by EPA, which are
presently estimated to be $118,000. The Consent Decree would resolve
Eliskim's liability for: (1) Past response costs at the Site; and (2)
costs, penalties, and fees pursuant to an Administrative Order by
Consent at the Site. To the extent provided by the Consent Decree,
certain specified benefits of the settlement would also extend to
Eliskim's parent corporation, American Household, Inc. Finally, the
Consent Decree would grant the City a de minimis covenant not to sue
pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g).
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. Eliskim, Inc., et al., No. 1:05CV2196 (N.D. Ohio),
D.J. Ref. 90-11-2-1310/1.
The Consent Decree may be examined at the Office of the United
States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, Ohio
44113-1852, and at U.S. EPA Region 5, 77 West Jackson Boulevard, 14th
Floor, Chicago, Illinois. 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 $17.25 (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. 05-20041 Filed 10-5-05; 8:45 am]
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