[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Page 74032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24037]
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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 November 22, 2005, a proposed
Consent Decree (``Consent Decree'') in United States v. Summit
Equipment & Supplies, Inc., et al., Civil Action No. 5:90CV1704, was
lodged with the United States District Court for the Northern District
of Ohio, Eastern Division.
In this action, the United States sought to recover response costs
incurred by the United States at or in connection with the Summit
Equipment & Supplies, Inc. Superfund Site (the ``Site'') in Akron,
Ohio, against alleged generators of hazardous waste disposed of at the
Site, pursuant to Sections 107 and 113 of the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9607, 9613. The United States sought to recover response
costs incurred at or in connection with the Site on behalf of the
Administrator of the United States Environmental Protection Agency
(``EPA'') and the United States Defense Logistics Agency (``DLA''), an
agency within the United States Department of Defense. Since July 1991,
DLA has been performing the response action at the Site pursuant to an
Administrative Order by Consent (``AOC'') with EPA under sections 104
and 106 of CERCLA, 42 U.S.C. 9604 and 9606.
The Consent Decree would resolve the United States' claims for past
and future response costs with regard to the Site against Settling
Defendants through a reimbursement to the Superfund of a portion of the
response costs incurred or to be incurred by the United States at or in
connection with the Site. Settling Defendants would collectively pay a
total of $1.36 million in reimbursement for response costs that EPA has
incurred at or in connection with the Site. (Each Settling Defendant's
individual payment is listed in Appendix A to the Consent Decree). As a
condition of settlement, Settling Defendants would relinquish all
claims or causes of action with respect to the Site against the United
States, including DLA, and would waive all affirmative CERCLA claims or
causes of action that they may have against any person. In return, the
Settling Defendants would receive contribution protection and a
covenant not to sue from the United States for the work at the Site as
well as past and future response costs, subject to certain reservations
of rights. DLA would pay $1.48 million in reimbursement for past
response costs incurred by EPA, its remaining obligations under the AOC
would terminate, and EPA would assume responsibility for completing the
remaining clean up of the Site. DLA also would receive contribution
protection.
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. Summit Equipment & Supplies, Inc., et al., Civil
Action No. 5:90CV1704, D.J. Ref. 90-11-3-633 and 90-11-3-633/2.
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 for 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 $12.75 (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. 05-24037 Filed 12-13-05; 8:45 am]
BILLING CODE 4410-15-M