[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Notices]
[Pages 57852-57853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23110]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on August 29, 2002, a proposed consent 
decree in United States v. Sprague Energy Corp. et al., Civil Action 
No. 7:01-CV-14-F(1), was lodged with the United States District Court 
for the Eastern District of North Carolina.
    The defendants are Axel Johnson Inc. and Sprague Energy Corp. In 
this action the United States sought from both defendants the recovery 
of past response costs with respect to Old ATC Refinery Site in 
Wilmington, North Carolina under Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), and from Axel Johnson Inc., penalties under Section 109(c) of 
CERCLA, 42 U.S.C. 9609(c), for failure to comply with the terms of an 
Administrative Order on Consent and punitive damages under section 
107(c)(3), 42 U.S.C. 9607(c)(3), for failing to properly provide 
removal action upon an Order of the President. The consent decree 
resolves claims for past response costs at the Site against both 
defendants and the claims for penalties and punitive damages against 
Axel Johnson Inc. Under the consent decree, defendants have agreed to 
pay $7,000,000 to the Superfund.
    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

[[Page 57853]]

Assistant Attorney General, Environment and Natural Resources Division. 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
and should refer to United States v. Sprague Energy Corp. et al., DJ 
 90-11-2-1192/3.
    The proposed consent decree may be examined at the office of the 
United States Attorney for the Eastern District of North Carolina, 310 
New Bern Avenue, Suite 800, Federal Building, Raleigh, NC 27601, and at 
the Region 4 office of the Environmental Protection Agency, Atlanta 
Federal Center, 61 Forsyth Street, Atlanta, GA 30303. A copy of the 
proposed consent decree may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611, or by faxing a request to Tonia Fleetwood, fax no. (202) 
514-0097, phone confirmation number (202) 514-1547. In requesting a 
copy, please enclose a check in the amount of $4.75 (25 cents per page 
reproduction cost) payable to the U.S. Treasury. The check should refer 
to United States v. Sprague Energy Corp. et al., DJ  90-11-2-
1192/3.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-23110 Filed 9-11-02; 8:45 am]
BILLING CODE 4410-15-M