[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Page 14714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5768]


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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 7, 2005, a proposed Consent 
Decree in Kewanee Industries, Inc. v. Browning-Ferris Industries of 
Ohio, et al., Civil Action No. 5:03CV1325, was lodged with the United 
States District Court for the Northern District of Ohio.
    In a Complaint in Intervention also filed in this action on March 
7, 2005, the United States sought recovery, under section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a), of response costs incurred in 
connection with the Krejci Dump Site in Summit County, Ohio (``Site''). 
The United States' claims were brought on behalf of the U.S. Department 
of the Interior, which has managed the Site since acquiring it by 
condemnation in 1980 for inclusion in the Cuyahoga Valley National 
Recreation Area (now Cuyahoga Valley National Park). Already pending in 
this action are claims by Kewanee Industries, Inc. (``Kewanee'') under 
section 113(f) of CERCLA for contribution towards response costs 
incurred by Kewanee in connection with the site.
    The proposed Consent Decree resolves Kewanee's claims and (subject 
to certain reservations set forth in the Consent Decree) the claims 
filed by the United States against the three original Defendants in 
this action--Browning-Ferris Industries of Ohio, Gould Electronics, 
Inc. (through its alleged successor, Nikko Materials USA, Inc. dba 
Gould Electronics), and Paciv Corporation--and two additional 
defendants named in the United States' Complaint in Intervention--
Garfield Alloys, Inc. and General Electric Company. Under the proposed 
Decree, the five settling defendants will pay a total of $300,000 to 
the United States (of which $270,000 is for reimbursement of response 
costs and $30,000 is for natural resource damages) and $600,000 to 
Kewanee.
    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, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
should refer to Kewanee Industries, Inc. v. Browning-Ferris Industries 
of Ohio, et al., D.J. Ref. No. 90-11-3-768/2.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, 
Ohio. During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 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 of each Consent Decree, exclusive of exhibits and 
defendants' signatures, please enclose a check in the amount of $7.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury. The 
check should refer to Kewanee Industries, Inc. v. Browning-Ferris 
Industries of Ohio, et al., D.J. Ref. No. 90-11-3-768/2.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-5768 Filed 3-22-05; 8:45 am]
BILLING CODE 4410-15-M