[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30826]


[[Page Unknown]]

[Federal Register: December 16, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE
 

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Consistent with the policies expressed in Section 122(d)(2)(B) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (``CERCLA''), 42 U.S.C. 9622(d)(2)(B), and 28 CFR 50.7, 
notice is hereby given that on November 22, 1994, a proposed Consent 
Decree in United States v. Alaskan Battery Enterprises, Inc., Civil 
Action No. A92-606 (D. Alaska), was lodged with the United States 
District Court for the District of Alaska. This Consent Decree resolves 
the United States' allegations in this action against five of the 
defendants regarding their liability under Sections 107(a) and 113(g) 
of CERCLA, 42 U.S.C. 9607(a) and 9613(g), for response costs incurred 
by the United States in connection with the Alaskan Battery Enterprises 
Superfund Site in Fairbanks, Alaska.
    The Decree requires, inter alia, that the State of Alaska, the 
Fairbanks North Star Borough, the City of Fairbanks, J.C. Penney Co., 
Inc. and Brown & Sons Auto Parts, Inc.: (1) Reimburse the United 
States' response costs in the amount of $749,303 plus the prejudgment 
interest accruing on that amount from November 1, 1992 through the date 
of payment at the rate established under subchapter A of Chapter 98 of 
Title 26 of the United States Code for investments of the Hazardous 
Substances Superfund; (2) pay stipulated penalties for their failure to 
do so within thirty days after notification of approval and entry of 
the Decree or within thirty days after a final decision on any appeal 
of the Decree, whichever is later; and (3) stipulate to the dismissal 
with prejudice of their counterclaims against the United States. The 
Decree provides to these defendants the contribution protection 
afforded by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2). The 
Decree also contains a reopener that permits the United States, under 
certain circumstances, to institute additional proceedings to require 
that these defendants perform further response actions or reimburse the 
United States for additional costs of response.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General of the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Alaskan Battery Enterprises, Inc., D.J. No. 90-11-3-726A.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the District of Alaska, Room 253, Federal 
Building and U.S. Courthouse, 222 West Seventh Avenue, Anchorage, 
Alaska 99513-7567; the Region 10 Office of the Environmental Protection 
Agency, 1200 Sixth Avenue, Seattle, Washington 98101; and at the 
Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 
20005 (Tel: 202-624-0892). A copy of the proposed Consent Decree may be 
obtained in person or by mail from the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005. In requesting a copy, 
please enclose a check in the amount of $7.50 (25 cents per page 
reproduction cost) payable to Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 94-30826 Filed 12-15-94; 8:45 am]
BILLING CODE 4410-01-M