[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Notices]
[Page 44048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21081]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
Notice is hereby given that on July 19, 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 K & K Recycling, Inc.
regarding its liability under sections 107(a) and 113(g) of CERCLA, 42
U.S.C. 9607(a) and 9613(g), for response costs incurred by the United
States in connection with the Alaskan Battery Enterprises Superfund
Site in Fairbanks, Alaska. The Decree also resolves the liability of
the Defense Reutilization and Marketing Service (``DRMS'') and the Army
& Air Force Exchange Service (``AAFES''), counterclaim defendants in
this matter.
The Decree requires, inter alia, that K & K Recycling, Inc.
reimburse the United States' response costs in the amount of $100,000
plus interest through the date of payment. The DRMS and AAFES are
required under this Decree to reimburse the United States' response
costs in the amounts $1,169,528.00 and $636,671.00 plus prejudgment
interest from May 1, 1994 through the date of payment, respectively. K
& K Recycling, Inc. 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 K
& K Recycling, Inc. with prejudice. The Decree provides to K & K
Recycling, Inc., DRMS, and AAFES the contribution protection afforded
by section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2). The Decree also
contains a reopener that permits the United States, in certain
situations, to institute additional proceedings to require that these
defendants perform further response actions or to reimburse the United
States for additional costs of response.
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 NW, 4th Floor, Washington, DC
20005 (Tel: 202-624-0892). A copy of the proposed Consent Decree may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street NW, 4th Floor, Washington, DC 20005. In requesting a copy,
please enclose a check in the amount of $6.50 (25 cents per page
reproduction cost) payable to Consent Decree Library.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. 95-21081 Filed 8-23-95; 8:45 am]
BILLING CODE 4410-01-M
