[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Notices]
[Page 44048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21081]



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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on July 19, 1995, 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' claims in this action against K & K Recycling, Inc. 
regarding its 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 also resolves the liability of 
the Defense Reutilization and Marketing Service (``DRMS'') and the Army 
& Air Force Exchange Service (``AAFES''), counterclaim defendants in 
this matter.
    The Decree requires, inter alia, that K & K Recycling, Inc. 
reimburse the United States' response costs in the amount of $100,000 
plus interest through the date of payment. The DRMS and AAFES are 
required under this Decree to reimburse the United States' response 
costs in the amounts $1,169,528.00 and $636,671.00 plus prejudgment 
interest from May 1, 1994 through the date of payment, respectively. K 
& K Recycling, Inc. is obligated, ten days after entry of the Decree, 
to stipulate to the dismissal with prejudice of its counterclaims 
against the United States; the United States is obligated, ten days 
after all payments have been received, to dismiss its claims against K 
& K Recycling, Inc. with prejudice. The Decree provides to K & K 
Recycling, Inc., DRMS, and AAFES 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, in certain 
situations, to institute additional proceedings to require that these 
defendants perform further response actions or to 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, D.C. 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 $6.50 (25 cents per page 
reproduction cost) payable to Consent Decree Library.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 95-21081 Filed 8-23-95; 8:45 am]
BILLING CODE 4410-01-M