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

DEPARTMENT OF JUSTICE

Lodging of Modification of Consent Decree Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed modification to the consent decree in

United States v. Accurate Partitions Corp., et al., Civil Action No.

S91-00646M, was lodged on October 19, 1994 with the United States

District Court for the Northern District of Indiana. The Accurate

Partitions decree, which was entered by the Court on February 27, 1992,

resolves the United States' claims under the Comprehensive

Environmental Response, Compensation, and Liability Act (``CERCLA'')

against the Settling Defendants and the Settling De Minimis Defendants

for environmental contamination at the Fisher-Calo Superfund Site in

LaPorte County, Indiana (``Fisher-Calo Site'').

The proposed modification to the Accurate Partitions decree adds

Lincoln Foodservice Products, Inc. (``Lincoln'') and Amphenol

Corporation (``Amphenol'') as Settling De Minimis Defendants to the

decree. The United States filed its First Amended Complaint in this

case on October 19, 1994, adding Lincoln and Amphenol as defendants in

this action. When this action was commenced, Lincoln and Amphenol were

not named as defendants in the United States' complaint, nor were they

included as Settling De Minimis Defendants in Appendix 5 of the consent

decree. Nevertheless, these two companies paid their allocable shares

of response costs to the Settling Defendants pursuant to Section XXVII

of the consent decree, as if they had signed the decree. This proposed

modification to the decree would add Lincoln and Amphenol to Appendix 5

of the decree as Settling De Minimis Defendants, if the following

condition is satisfied: that the Settling Defendants pay to the United

States the sum of $25,000 of the $115,262 total amount that Lincoln and

Amphenol previously paid to the Settling Defendants pursuant to Section

XXVII of the consent decree.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed modification to the Accurate Partitions consent decree.

Comments should be addressed to the Assistant Attorney General,

Environment and Natural Resources Division, Department of Justice,

Washington, DC 20530, and should refer to United States v. Accurate

Partitions Corp., et al., (N.D. Ind.) and DOJ Ref. No. 90-11-2-549.

The proposed modification to the decree may be examined at the

office of the United States Attorney, Northern District of Indiana, 301

Federal Building, 204 South Main Street, South Bend, Indiana 46601; the

Region V office of U.S. EPA, 77 West Jackson Blvd., Chicago, Illinois

60604-3590; and at the Consent Decree Library, 1120 G St., NW., 4th

Floor, Washington, DC 20004, (202) 624-0892. Copies of the proposed

modification to the Accurate Partitions consent decree may be obtained

in person or by mail from the Consent Decree Library. In requesting a

copy please enclose a check in the amount of $.75 (25 cents per page

reproduction costs) payable to ``Consent Decree Library.''

Joel M. Gross,

Acting Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 94-29230 Filed 11-25-94; 8:45 am]

BILLING CODE 4410--01-M