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Notice of Lodging of Consent Decree and Stipulation of Settlement and Order of Dismissal Under 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: November 6, 2002 (Volume 67, Number 215)]
[Notices]
[Page 67647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no02-107]

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DEPARTMENT OF JUSTICE
 
Notice of Lodging of Consent Decree and Stipulation of Settlement 
and Order of Dismissal Under the Comprehensive Environmental Response, 
Compensation and Liability Act

    Notice is hereby given that on October 15, 2002, two proposed 
settlement agreements were lodged with the United District Court of 
Northern District of Indiana in the matter of United States v. American 
Standard, Inc. et al., Civil No. 3:01CV0513RM. One proposed agreement 
is titled ``Consent Decree with Group Defendants and Other Potentially 
Responsible Persons for Recovery of Past Response Costs'' (``Consent 
Decree'') and the other is titled ``Stipulation of Settlement and Order 
of Dismissal Between United States and Exide Corporation'' 
(``Stipulation of Settlement'').
    In its Complaint, the United States seeks to recover response costs 
incurred by the United States in connection with the Four County 
Landfill Site in Fulton County, Indiana (the ``Site''). The complaint 
alleges that the United States undertook response actions as a result 
of releases or threatened releases of hazardous substances at the Site, 
and that the defendants named in the complaint were jointly and 
severally liable for the costs of such response actions.
    Under the proposed Consent Decree, a group of ten defendants (along 
with 28 additional parties who allegedly contributed hazardous wastes 
to the Site) will pay $213,915 to the Hazardous Substances Superfund as 
partial reimbursement of response costs that the United States paid in 
connection with the Site through April 30, 2002. Under the proposed 
Stipulation of Settlement, Exide has agreed to the entry of judgment 
against it for $35,405 in settlement of the United States' claims for 
recovery of response cost that the United States paid in connection 
with the Site through May 2, 2002. Exide filed a voluntary petition for 
bankruptcy in the United States Bankruptcy Court for the District of 
Delaware on April 15, 2000, which was docketed as In Re Exide 
Technologies, et al., Bankruptcy No 02-11125. Under the terms of the 
Stipulation of Settlement, the United States shall be allowed a general 
unsecured claim in the bankruptcy proceeding for the agreed judgment 
amount of $35,405. Only the amount of cash received by Environmental 
Protection Agency (``EPA'') on its general unsecured claim shall be 
credited by EPA to the 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 and the proposed Stipulation of Settlement. 
Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. American Standard, Inc., et al., D.J. Ref. 90-11-3-
07510.
    The proposed Consent Decree and the proposed Stipulation of 
Settlement may be examined at the Office of the United States Attorney, 
204 S. Main Street, South Bend, Indiana, 46601, and at U.S. EPA Region 
5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. A copy of the 
proposed Consent Decree, the proposed Stipulation of Settlement, or 
both, may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing a request to Tonia Fleetwood, fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy of the Consent 
Decree, please enclose a check in the amount of $7.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. In requesting a 
copy of the Stipulation of Settlement, please enclose a check of $5.75 
(25 cents per page) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-28239 Filed 11-5-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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