[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Notices]
[Page 53761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26282]


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DEPARTMENT OF JUSTICE

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

    In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. 
9622(d)(2), notice is hereby given that a proposed consent decree in 
United States v. Eveready Battery Company, Inc., Civil Action No. 1-
96CV-10041, was lodged on September 27, 1996 with the United States 
District Court for the Southern District of Iowa, Western Division. In 
a complaint filed contemporaneously with the lodging of the proposed 
consent decree, the United States alleged that Defendants R. John 
Swanson and Blanche Kinnison, Co-executors of the Estate of Lowell G. 
Kinnison, and Blanche I. Kinnison are liable as owners of the Red Oak 
Landfill Superfund Site located in Montgomery County, Iowa (``Site'') 
pursuant to Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1). The 
complaint alleges that defendant City of Red Oak is liable as a former 
owner and operator of the Site pursuant to Section 107(a)(2) of CERCLA, 
42 U.S.C. 9607(a)(2). The complaint also alleges that Defendants 
Douglas & Lomason Co. and Uniroyal, Inc. by contract, agreement, or 
otherwise arranged for disposal or treatment, or arranged with a 
transporter for transport for disposal or treatment, of hazardous 
substances at the Site and are liable pursuant to Section 107(a)(3) of 
CERCLA, 42 U.S.C. 9607(a)(3). The complaint also alleges that 
Defendants Eveready Battery Company, Inc., Ralston Purina Company, 
Bangor Punta Diversified Holdings Corp., Uniroyal Holdings, Inc., and 
Universal Cooperatives, Inc., are successors to and assumed liability 
for persons who by contract, agreement, or otherwise arranged for 
disposal or treatment, or arranged with a transporter for transport for 
disposal or treatment, of hazardous substances at the Site and are 
liable pursuant to Section 107(a)(3) of CERCLA, 42 U.S.C. 9607(a)(3). 
The complaint further alleges that the Environmental Protection Agency 
(``EPA'') and the Department of Justice incurred and continue to incur 
costs for response actions at and in connection with the Site.
    The proposed consent decree provides that the Defendants will pay 
$769,385 to the United States for the past costs incurred and paid by 
EPA and the Department of Justice prior to March 21, 1996, pay $200,000 
for future response costs to be incurred by the U.S. and perform the 
Remedial Action as set forth in the March 31, 1993 Record of Decision, 
as modified by the January 30, 1996 Explanation of Significant 
Difference (``ROD''). The proposed Consent Decree also provides that 
the United States covenants not to sue the defendants under both 
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 
7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 
U.S.C. 6973.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. The Department will also schedule a public 
meeting in the affected area, if requested, in accordance with Section 
7003(d) of RCRA. Comments and/or a request for a RCRA public meeting 
should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, Department of Justice, 
Washington, D.C. 20530, and should refer to United States v. Eveready 
Battery Company, Inc., DOJ Ref. #90-11-2-927.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, U.S. Courthouse Annex, 110 East Court Avenue, 
Suite 286, Des Moines, Iowa 50309-2053; the Region VI Office of the 
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, 
Kansas 66101; and at the Consent Decree Library, 1120 G Street, N.W., 
4th Floor, Washington, D.C. 20005, (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, N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $26.00 (25 cents per page 
reproduction costs), for a copy of the consent decree only or $36.75, 
for a copy of the consent decree with appendices, payable to the 
Consent Decree Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section.
[FR Doc. 96-26282 Filed 10-11-96; 8:45 am]
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