[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Page 58470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20041]


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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 September 19, 2005, a proposed 
Consent Decree (``Consent Decree'') in United States v. Eliskim, Inc. 
et al., Civil Action No. 1:05CV2196 was lodged with the United States 
District Court for the Northern District of Ohio, Eastern Division.
    In this action, the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), sought to recover response 
costs from Eliskim, Inc. (``Eliskim'') and the City of Geneva, Ohio 
(``City'') pursuant to Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 107. 
The response costs were incurred in response to releases and threatened 
releases of hazardous substances from the True Temper Sports Superfund 
Site located in the City of Geneva, Ohio (the ``Site''). The Consent 
Decree would require Eliskim and the City to pay respectively $56,500 
and $12,500 toward the response costs incurred by EPA, which are 
presently estimated to be $118,000. The Consent Decree would resolve 
Eliskim's liability for: (1) Past response costs at the Site; and (2) 
costs, penalties, and fees pursuant to an Administrative Order by 
Consent at the Site. To the extent provided by the Consent Decree, 
certain specified benefits of the settlement would also extend to 
Eliskim's parent corporation, American Household, Inc. Finally, the 
Consent Decree would grant the City a de minimis covenant not to sue 
pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g).
    The Department of Justice will receive for a period of thirty (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. Eliskim, Inc., et al., No. 1:05CV2196 (N.D. Ohio), 
D.J. Ref. 90-11-2-1310/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 801 West Superior Avenue, Suite 400, Cleveland, Ohio 
44113-1852, and at U.S. EPA Region 5, 77 West Jackson Boulevard, 14th 
Floor, Chicago, Illinois. 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 from the Consent Decree 
Library, please enclose a check in the amount of $17.25 (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. 05-20041 Filed 10-5-05; 8:45 am]
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