[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Notices]
[Pages 64367-64368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30807]


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DEPARTMENT OF JUSTICE

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

    In accordance with Departmental policy, 28 CFR 50.7, Section 
122(d)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), and Section 
7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42 
U.S.C. 6973(d), notice is hereby given that a proposed consent decree 
in United States v. Johnson Controls, Inc. v. City of Dover, Delaware,

[[Page 64368]]

et al., Civil Action No. 93-335 LON, was lodged on November 15, 1996, 
with the U.S. District Court for the District of Delaware. The proposed 
consent decree would settle an action that the United States brought on 
behalf of the U.S. Environmental Protection Agency under Section 107(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), against 
Johnson Controls, Inc. (``JCI''), for recovery of response costs 
incurred by the United States in connection with the Wildcat Landfill 
Superfund Site, located in Kent County, Delaware, near the City of 
Dover (``the Site''). The consent decree would also resolve the claims 
that JCI brought in this action under Section 113(f)(1) of CERCLA, 42 
U.S.C. 9613(f)(1), against third-party defendants the City of Dover, 
Delaware, the U.S. Department of Defense, ILC Dover, Inc., ILC 
Industries, Inc., J.C. Penney Co., Inc., General Foods Corp., and 
Sherwin-Williams Co., alleging that those parties were liable to 
reimburse JCI for an equitable share of any response costs for which 
JCI was found liable to reimburse the United States relating to the 
Site. Under the terms of the consent decree, the $550,000 in funds that 
the Settling Defendants (JCI and each of the third-party defendants) 
collectively have paid into an escrow account pending finalization of 
this proposed settlement, plus interest, will be paid to the United 
States to reimburse the EPA Hazardous Substance Superfund.
    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. 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. Johnson Controls, Inc. v. City of Dover, Delaware, et al., 
D.J. No. 90-11-3-595. In addition, pursuant to Section 7003(d) of RCRA, 
42 U.S.C. 6973(d), any member of the public who desires a public 
meeting in the area affected by the proposed consent decree in order to 
discuss the proposed consent decree prior to its final entry by the 
court may request that such a meeting be held. Any such request for a 
public meeting should be sent to the same address and bear the same 
reference as indicated above for submission of comments.
    The proposed consent decree may be examined at the office of the 
U.S. Attorney for the District of Delaware, 1201 Market Street, Suite 
1100, Wilmington, DE 19899-2046; the Region III Office of the 
Environmental Protection Agency, 841 Chestnut Building, Philadelphia, 
PA 19107; and at the Consent Decree Library, 1120 G Street NW., 4th 
floor, Washington, DC 20005. 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 $7.75 (25 cents per page 
reproduction costs) payable to the Consent Decree Library.
Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 96-30807 Filed 12-3-96; 8:45 am]
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