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

Federal RegisterMar 5, 1996

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy and 28 CFR Sec. 50.7, notice

is hereby given that on February 21, 1996, a proposed consent decree in

United States v. Reliance Battery Mfg. Co., Civil Action No. 1-94-CV-

80018, was lodged with the United States District Court for the

Southern District of Iowa. This consent decree represents a settlement

of claims against Reliance Battery Mfg. Co., William S. Grant, and

Rosemary V. Grant (``Defendants'') under the Comprehensive

Environmental Response, Compensation, and Liability Act (``CERCLA''),

42 U.S.C. Sec. 9601 et seq.

On April 25, 1994, the United States filed a Complaint pursuant to

Sections 107(a) and (c)(3) of the Comprehensive Environmental Response,

Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Sec. 9607(a)

and (c)(3) for response costs and punitive damages against Defendants.

Subsequently, the United States and Defendants reached a settlement

which resolves the issues set forth in the Complaint. Under this

settlement between the United States and Defendants, Defendants will

pay the United States $20,000 towards response costs incurred by the

United States in connection with the release of hazardous substances

from the Reliance Battery Mfg. Co. facility in Council Bluffs, Iowa.

The consent decree also provides that Defendants will clean up existing

contamination at the Reliance Battery Mfg. Co. site and will reimburse

the United States for all costs it incurs in connection with this

cleanup. In addition, the consent decree contains measures designed to

prevent future releases of hazardous substances to the environment.

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. Reliance Battery Mfg. Co., D.J. ref. 90-11-2-961.

The proposed consent decree may be examined at the following

locations: (1) Office of the United States Attorney, Southern District

of Iowa, 115 U.S. Courthouse, East 1st and Walnut Streets, Des Moines,

Iowa; (2) Office of the Environmental Protection Agency, Region VII,

726 Minnesota Ave, Kansas City, Kansas; and (3) 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

$13.00 (25 cents per page reproduction costs) payable to the Consent

Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-5036 Filed 3-4-96; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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