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

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 CFR 50.7,

notice is hereby given that on November 22, 1994, 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' allegations in this action against five of the

defendants regarding their 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 requires, inter alia, that the State of Alaska, the

Fairbanks North Star Borough, the City of Fairbanks, J.C. Penney Co.,

Inc. and Brown & Sons Auto Parts, Inc.: (1) Reimburse the United

States' response costs in the amount of $749,303 plus the prejudgment

interest accruing on that amount from November 1, 1992 through the date

of payment at the rate established under subchapter A of Chapter 98 of

Title 26 of the United States Code for investments of the Hazardous

Substances Superfund; (2) pay stipulated penalties for their failure to

do so within thirty days after notification of approval and entry of

the Decree or within thirty days after a final decision on any appeal

of the Decree, whichever is later; and (3) stipulate to the dismissal

with prejudice of their counterclaims against the United States. The

Decree provides to these defendants 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, under

certain circumstances, to institute additional proceedings to require

that these defendants perform further response actions or 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, DC 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 $7.50 (25 cents per page

reproduction cost) payable to Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 94-30826 Filed 12-15-94; 8:45 am]

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