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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, Section

122(d)(2) of the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), and Section

7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42

U.S.C. 6973(d), notice is hereby given that a proposed consent decree

in United States v. Johnson Controls, Inc. v. City of Dover, Delaware,

[[Page 64368]]

et al., Civil Action No. 93-335 LON, was lodged on November 15, 1996,

with the U.S. District Court for the District of Delaware. The proposed

consent decree would settle an action that the United States brought on

behalf of the U.S. Environmental Protection Agency under Section 107(a)

of the Comprehensive Environmental Response, Compensation, and

Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), against

Johnson Controls, Inc. (``JCI''), for recovery of response costs

incurred by the United States in connection with the Wildcat Landfill

Superfund Site, located in Kent County, Delaware, near the City of

Dover (``the Site''). The consent decree would also resolve the claims

that JCI brought in this action under Section 113(f)(1) of CERCLA, 42

U.S.C. 9613(f)(1), against third-party defendants the City of Dover,

Delaware, the U.S. Department of Defense, ILC Dover, Inc., ILC

Industries, Inc., J.C. Penney Co., Inc., General Foods Corp., and

Sherwin-Williams Co., alleging that those parties were liable to

reimburse JCI for an equitable share of any response costs for which

JCI was found liable to reimburse the United States relating to the

Site. Under the terms of the consent decree, the $550,000 in funds that

the Settling Defendants (JCI and each of the third-party defendants)

collectively have paid into an escrow account pending finalization of

this proposed settlement, plus interest, will be paid to the United

States to reimburse the EPA Hazardous Substance Superfund.

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

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

proposed consent decree. 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. Johnson Controls, Inc. v. City of Dover, Delaware, et al.,

D.J. No. 90-11-3-595. In addition, pursuant to Section 7003(d) of RCRA,

42 U.S.C. 6973(d), any member of the public who desires a public

meeting in the area affected by the proposed consent decree in order to

discuss the proposed consent decree prior to its final entry by the

court may request that such a meeting be held. Any such request for a

public meeting should be sent to the same address and bear the same

reference as indicated above for submission of comments.

The proposed consent decree may be examined at the office of the

U.S. Attorney for the District of Delaware, 1201 Market Street, Suite

1100, Wilmington, DE 19899-2046; the Region III Office of the

Environmental Protection Agency, 841 Chestnut Building, Philadelphia,

PA 19107; and at the Consent Decree Library, 1120 G Street NW., 4th

floor, Washington, DC 20005. 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 $7.75 (25 cents per page

reproduction costs) payable to the Consent Decree Library.

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-30807 Filed 12-3-96; 8:45 am]

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