Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, (``CERCLA''), 42 U.S.C. 9601 et seq.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

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

42 U.S.C. 9601 et seq.

Under 28 CFR 50.7, notice is hereby given that on September 25,

1998, a proposed Consent Decree in United States v. United Technologies

Automotive Systems, Inc., et al., Civil Action No. 8-98-CV-90150, was

lodged with the United States District Court for the Southern District

of Iowa.

In this action against United Technologies Automotive Systems, Inc,

(``UTAS''), F/K/A Sheller-Globe Corporation (``Sheller-Globe'') and

David B. and Miriam Grimes (the ``Grimes''), pursuant to sections 106

and 107 of CERCLA, 42 U.S.C. 9606 and 9607, on behalf of the United

States Environmental Protection Agency (``EPA''), the United States

sought: (1) Reimbursement of costs incurred in performing response

activities at the Sheller-Globe Superfund Site in Keokuk, Iowa

(``Site'') and (2) performance of response work by the defendants at

the Site pursuant to the Record of Decision, dated September 20, 1995

(``ROD''). Under the Consent Decree, the defendants will reimburse the

EPA Hazardous Substance Superfund approximately $35,000 for all

response costs incurred between the date of the ROD and the effective

date of the Consent Decree, and all future costs incurred by the

Department of Justice (``DOJ'') and EPA. The defendants also will

provide access and institutional controls and perform the remedial work

in accordance with the Consent Decree, ROD, and Statement of Work

(``SOW''), valued at approximately $121,000. This settlement, together

with a prior Administrative Order on Consent, (``AOC'') entered into by

EPA and UTAS predecessor Sheller-Globe on October 23, 1990, in which

Sheller-Globe agreed to pay EPA's past costs at or in connection with

the Site as well as the costs incurred by EPA associated with the

oversight of the AOC, will result in a recovery of 100% of the United

States' expected response costs. In exchange, UTAS and the Grimes will

receive a covenant not to sue pursuant to sections 106 and 107(a) of

CERCLA, 42 U.S.C. 9606 and 9607(a), relating to the Site, subject to

all standard reservations and reopeners. In addition, UTAS and the

Grimes will receive contribution protection under section 113(f)(2) of

CERCLA, 42 U.S.C. 9613(f)(2).

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

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

Decree. 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.

United Technologies Automotive Systems, Inc. et al., D.J. Ref. 90-11-2-

1266.

The Consent Decree may be examined at the Office of the United

States Attorney, Southern District of Iowa, 110 East Court Street, Des

Moines, Iowa 50309, at U.S. EPA--Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101, and at the Consent Decree Library, 1120 G

Street, NW, 3rd Floor, Washington, DC 20005, (202) 624-0892. A copy of

the Consent Decree may be obtained in person or by mail from the

Consent Decree Library, 1120 G Street, NW., 3rd Floor, Washington, D.C.

20005. In requesting a complete copy with all Attachments, please

enclose a check in the amount of $69.75 (25 cents per page reproduction

cost) payable to the Consent Decree Library. In requesting a copy of

the Consent Decree without Attachments, please enclose a check in the

amount of $23.25 (25 cents per page reproduction cost) payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-31004 Filed 11-19-98; 8:45 am]

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