[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Page 11581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5757]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on March 4, 2003, a proposed Consent 
Decree in United States v. Lomack Drum Company, et al., Civil Action 
No. 1:02CV1805, was lodged with the United States District Court for 
the Northern District of Ohio.
    In this action the United States sought, under section 107 of the 
Comprehensive Environmental Response, Compensation, and Recovery Act 
(``CERCLA''), 42 U.S.C. 9607, to recover costs incurred by the United 
States in connection with the Ohio Drum Superfund Site in Cleveland, 
Ohio (the ``Site''). The United States also sought a civil penalty and 
punitive damages for noncompliance with a unilateral administrative 
order (``UAO'') issued by the United States Environmental Protection 
Agency (``U.S. EPA''), and a declaratory judgment of liability for 
future response costs incurred by the United States in connection with 
the Site.
    Under the Consent Decree, Truco, Inc. (``Truco'') would reimburse 
the United States for $3,500 of the approximately $605,372.57 in 
unreimbursed response costs incurred by U.S. EPA relating to the Site. 
Truco also would pay a civil penalty of $3,500 for failure to comply 
with the UAO. If such payments are not received when due, the Consent 
Decree provides for a stipulated penalty in the amount of $750 per day. 
In addition, Truco would covenant not to sue the United States: (a) 
With respect to Past Response Costs (as defined in the Consent Decree); 
(b) with respect to the UAO; or (c) with respect to the Consent Decree. 
In exchange, the United States would covenant not to sue Truco: (a) 
pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), to recover 
Past Response Costs; and (b) pursuant to section 106(b)(1) of CERCLA, 
42 U.S.C. 9606(b)(1), for its failure to comply with the UAO, with 
certain reservations. In addition, Truco would receive protection for 
contribution actions or claims pertaining to Past Response Costs, as 
provided by section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2).
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the Consent Decree. 
Comments should be addressed to the 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. Lomack Drum Company, et al., D.J. Ref. 90-11-2-1300/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1800 Bank One Center, 600 Superior Avenue, East, 
Cleveland, Ohio 44114-2600, and at U.S. EPA Region V, 77 West Jackson 
Blvd., Chicago, IL 60604. During the public comment period, the Consent 
Decree, may also be examined on the following Department of Justice 
website, http://www.usdoj.gov/enrd/open.html. A copy of the Consent 
Decree may also be obtained by mail from the Consent Decree Library, PO 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $5.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-5757 Filed 3-10-03; 8:45 am]
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