Notice of Lodging of Consent Decree Pursuant to The Comprehensive Environmental Responses, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to The Comprehensive

Environmental Responses, Compensation and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and Section

122 of CERCLA, 42 U.S.C. 9622, notice is hereby given that on February

5, 1999 a proposed Consent Decree in United States v. Paul D. Emery,

Trustee of the Paul D. Emery Revocable Living Trust, and 6 Acres of

Land, More or Less, Located in Summit County, Ohio, Civil Action No.

5:99CV0274, was lodged with the United States District Court for the

Northern District of Ohio, Eastern Division. This consent decree

represents a settlement of claims of the United States against Paul D.

Emery, Trustee of the Paul D. Emery Revocable Living Trust and 6 Acres

of Land, located in Summit County, Ohio, for reimbursement of response

costs and injunctive relief in connection with the Copley Square Plaza

Site (``Site'') pursuant to the Comprehensive Environmental Response,

Compensation and Liability Act, 42 U.S.C. 9601 et seq.

Under the Consent Decree, the Defendants will sell the Site a

commercial piece of property, and give the United States 85% of the net

proceeds from the sale, as reimbursement for the United States' past

response costs at the Site, which total approximately $796,713 plus

prejudgment interest. The United States' recovery will be capped at

$720,000.

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. Paul D. Emery, Trustee of the Paul D. Emery Revocable Living

Trust, et. al. and D.J. Ref. 90-11-3-1717.

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

United States Attorney, Northern District of Ohio, Eastern Division,

1800 Bank One Center, 600 Superior Avenue, East Cleveland, Ohio 44114-

2600, at the Region 5 Office of the Environmental Protection Agency, 77

West Jackson Street, Chicago, Illinois 60604-3590, and at the Consent

Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005,

(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, 3rd Floor, Washington, DC 20005. In requesting a copy, please

enclose a check in the amount of $13.50 (25 cents per page reproduction

cost) payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section Environment and Natural

Resources Division.

[FR Doc. 99-4145 Filed 2-18-99; 8:45 am]

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