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

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]

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