[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