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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: December 5, 2001 (Volume 66, Number 234)]
[Notices]
[Page 63256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de01-82]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decrees Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act

    In accordance with Department of Justice policy codified at 28 CFR 
50.7 and Section 122 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9622, 42 U.S.C. 9622, notice is hereby given that on November 
14, 2001, two proposed consent decrees in United States v. American 
Allied Additives, Inc., et al., No. 00-01014, were lodged with the 
United States District Court for the Northern District of Ohio. The 
proposed consent decrees would settle the United States' claims against 
defendants Richard Henry and Rauh Rubber, Inc. under CERCLA Secs. 106 
and 107, 42 U.S.C. 9606 and 9607, in connection with the American 
Allied Additives Superfund Site (``Site'') in Cleveland, Ohio. The 
proposed consent decree with Mr. Henry would also resolve his 
counterclaim against the United States for attorney fees and other 
expenses pursuant to 5 U.S.C. 504.
    The U.S. Environmental Protection Agency (``EPA'') incurred 
unreimbursed costs of approximately $148,000 in responding to the 
release or threatened release of hazardous substances at the Site. Mr. 
Henry and Rauh Rubber, Inc. are liable for response costs at the Site 
as generators of waste disposed there and are subject to civil 
penalties for noncompliance with a Unilateral Administrative Order 
issued by EPA for the performance of an emergency removal at the site.
    Under the proposed consent decrees, Mr. Henry agrees to pay a total 
of $2,500 ($500 for the claim under CERCLA Section 106, and $2,000 for 
the claim under CERCLA Section 107), and Rauh Rubber, Inc. agrees to 
pay a total of $10,000 ($3,000 for the claim under CERCLA Section 106, 
and $7,000 for the claim under CERCLA Section 107). Payment is due 
within thirty (30) days of entry of the respective consent decree. Mr. 
Henry also agrees to dismiss with prejudice his counterclaim against 
the United States. Further, Mr. Henry and Rauh Rubber, Inc. will 
receive a covenant not to sue and contribution protection for Site 
response costs, as well as a covenant not to sue for civil penalties 
for the violations alleged in the complaint.
    For a period of thirty (30) days from the date of this publication, 
the Department of Justice will receive comments related to the proposed 
consent decrees. Comments may be submitted on one or both consent 
decrees. Comments should be addressed to the Acting Assistant Attorney 
General, Environment and Natural Resources Division, U.S. Department of 
Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530, and should 
refer to United States v. American Allied Additives, Inc., et al., 
Civil Action No. 00-01014; D.J. Ref. No. 90-11-2-1318.
    The consent decrees may be examined at the Office of the United 
States Attorney, 1800 Bank One Center, 600 Superior Avenue, Cleveland, 
Ohio 44114, and at the U.S. Environmental Protection Agency, Region V, 
77 West Jackson Boulevard, Chicago, Illinois 60604. Copies of the 
consent decrees may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044. In requesting a copy, please enclose a check in the amount of 
$5.00 for one consent decree (20 pages at 25 cents per page 
reproduction cost), or $10.00 for both consent decrees (40 pages at 25 
cents per page reproduction cost).

William Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-30155 Filed 12-4-01; 8:45 am]
BILLING CODE 4410-15-M

 
 

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