95-1997. Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Notices]
[Pages 5209-5210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1997]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Consistent with the policies expressed in Section 122(d)(2)(B) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (``CERCLA''), 42 U.S.C. 9622(d)(2)(B), and 28 C.F.R. 
Sec. 50.7, notice is hereby given that on January 10, 1995, a proposed 
Consent Decree in United States v. Alaskan Battery Enterprises, Inc., 
Civil Action No. A92-606 (D. Alaska), was lodged with the United States 
District Court for the District of Alaska. This Consent Decree resolves 
the United States' claims in this action against Sears, Roebuck and Co. 
(``Sears'') regarding its liability under Sections 107(a) and 113(g) of 
CERCLA, 42 U.S.C. Secs. 9607(a) and 9613(g), for [[Page 5210]] response 
costs incurred by the United States in connection with the Alaskan 
Battery Enterprises Superfund Site in Fairbanks, Alaska. The Decree 
also resolves the counterclaims brought by Sears against the United 
States.
    The Decree requires, inter alia, that Sears reimburse the United 
States' response costs in the amount of $664,759.00 plus prejudgment 
interest from May 1, 1994 through the date of payment. Sears is 
obligated, ten days after entry of the Decree, to stipulate to the 
dismissal with prejudice of its counterclaims against the United 
States; the United States is obligated, ten days after all payments 
have been received, to dismiss its claims against Sears with prejudice, 
however the Decree does contain a reopener that permits the United 
States to institute additional proceedings to require that Sears 
perform further response actions or to reimburse the United States for 
additional costs of response in certain situations. The Decree provides 
Sears the contribution protection afforded by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2).
    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 of the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Alaskan Battery Enterprises, Inc., D.J. No. 90-11-3-
726A.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the District of Alaska, Room 253, Federal 
Building and U.S. Courthouse, 222 West Seventh Avenue, Anchorage, 
Alaska 99513-7567; the Region 10 Office of the Environmental Protection 
Agency, 1200 Sixth Avenue, Seattle, Washington 98101; and at the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005 (Tel: [phone]). A copy of the proposed Consent Decree 
may be obtained in person or by mail from the Consent Decree Library, 
1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In requesting a 
copy, please enclose a check in the amount of $5.75 (25 cents per page 
reproduction cost) payable to Consent Decree Library.
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-1997 Filed 1-25-95; 8:45 am]
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