[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29230]


[Federal Register: November 28, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Lodging of Modification of Consent Decree Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed modification to the consent decree in 
United States v. Accurate Partitions Corp., et al., Civil Action No. 
S91-00646M, was lodged on October 19, 1994 with the United States 
District Court for the Northern District of Indiana. The Accurate 
Partitions decree, which was entered by the Court on February 27, 1992, 
resolves the United States' claims under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'') 
against the Settling Defendants and the Settling De Minimis Defendants 
for environmental contamination at the Fisher-Calo Superfund Site in 
LaPorte County, Indiana (``Fisher-Calo Site'').
    The proposed modification to the Accurate Partitions decree adds 
Lincoln Foodservice Products, Inc. (``Lincoln'') and Amphenol 
Corporation (``Amphenol'') as Settling De Minimis Defendants to the 
decree. The United States filed its First Amended Complaint in this 
case on October 19, 1994, adding Lincoln and Amphenol as defendants in 
this action. When this action was commenced, Lincoln and Amphenol were 
not named as defendants in the United States' complaint, nor were they 
included as Settling De Minimis Defendants in Appendix 5 of the consent 
decree. Nevertheless, these two companies paid their allocable shares 
of response costs to the Settling Defendants pursuant to Section XXVII 
of the consent decree, as if they had signed the decree. This proposed 
modification to the decree would add Lincoln and Amphenol to Appendix 5 
of the decree as Settling De Minimis Defendants, if the following 
condition is satisfied: that the Settling Defendants pay to the United 
States the sum of $25,000 of the $115,262 total amount that Lincoln and 
Amphenol previously paid to the Settling Defendants pursuant to Section 
XXVII of the consent decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed modification to the Accurate Partitions consent decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, Department of Justice, 
Washington, DC 20530, and should refer to United States v. Accurate 
Partitions Corp., et al., (N.D. Ind.) and DOJ Ref. No. 90-11-2-549.
    The proposed modification to the decree may be examined at the 
office of the United States Attorney, Northern District of Indiana, 301 
Federal Building, 204 South Main Street, South Bend, Indiana 46601; the 
Region V office of U.S. EPA, 77 West Jackson Blvd., Chicago, Illinois 
60604-3590; and at the Consent Decree Library, 1120 G St., NW., 4th 
Floor, Washington, DC 20004, (202) 624-0892. Copies of the proposed 
modification to the Accurate Partitions consent decree may be obtained 
in person or by mail from the Consent Decree Library. In requesting a 
copy please enclose a check in the amount of $.75 (25 cents per page 
reproduction costs) payable to ``Consent Decree Library.''
Joel M. Gross,
Acting Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 94-29230 Filed 11-25-94; 8:45 am]
BILLING CODE 4410--01-M