[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Page 62487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8885]


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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 October 12, 2006, a proposed Consent 
Decree with Burns Iron & Metal Company, Inc (``Consent Decree'') in 
United States v. A-L Processors, f.k.a. Atlas-Lederer Co., et al., 
Civil Action No. C-3-91-309 was lodged with the United States District 
Court for the Southern District of Ohio.
    In this action the United States sought reimbursement of response 
costs in connection with the United Scrap Lead Superfund Site in Troy, 
Miami County, Ohio (``the Site'') pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA''), 42 
U.S.C. 9601 et seq. The Consent Decree resolves the United States' 
claims against Defendant Burns Iron & Metal Company (``BIMCO'') for 
response costs incurred as a result of the release or threatened 
release of hazardous substances at the Site. This is an ``ability-to-
pay'' settlement based on financial analyses conducted by the 
Department's Antitrust Corporate Finance Unit. BIMCO will pay the 
United States $312,000. In addition, some of the present and former 
shareholders of BIMCO will pay the United States $49,500 under a 
stipulated settlement in a related action of United States v. Larry 
Katz et al., Case No. 3:05 CV 0058 (S.D. Ohio). The United States' 
remaining outstanding costs exceed $9,000,000 and are being sought from 
the remaining defendant in this case and in the related action. The 
Consent Decree also resolves the United Scrap Lead Respondent Group's 
(``Respondent Group'') CERCLA claims against BIMCO for response costs 
incurred by the Respondent Group in cleaning up the Site under an 
earlier Consent Decree. BIMCO will pay the Respondent Group $88,000.
    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. A-L Processors, f.k.a. Atlas-Lederer Co., et al., D.J. 
Ref. 90-11-3-279B.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Ohio, Federal Building Room 601, 
200 West Second Street, Dayton, Ohio, or at the Region 5 Office of the 
Environmental Protection Agency, 77 West Jackson Street, Chicago, 
Illinois 60604-3590. During the public comment period, the proposed 
Consent Decree may also be examined on the following Department of 
Justice Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html. 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 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 $8.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-8885 Filed 10-24-06; 8:45 am]
BILLING CODE 4410-15-M