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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-29230

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** November 28, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-29230. Public record. Not legal advice.