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 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: 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, 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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