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Notice of Lodging of Consent Decree 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: January 17, 2008 (Volume 73, Number 12)]
[Notices]
[Page 3271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja08-92]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on January 7, 2008, a proposed Consent
Decree in United States v. Summit Equipment & Supplies, Inc., and
Benjamin J. Hirsch, related Civil Action Nos. 5:90CV1704 and
5:05CV2031, was lodged with the United States District Court for the
Northern District of Ohio, Eastern Division.
    In Civil Action No. 5:90CV1704, the United States, on behalf of the
United States Defense Logistics Agency, sought to recover response
costs that it had incurred at or in connection with the Summit
Equipment & Supplies, Inc. Superfund Site (the ``Site'') in Akron, Ohio
pursuant to section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a),
against Summit Equipment & Supplies, Inc., (``SES'') and Benjamin J.
Hirsch, the former operators of the Site and current owner of the Site.
In Civil Action No. 5:05CV2031, the United States, on behalf of the
United States Environmental Protection Agency (``EPA''), sought to
recover civil penalties under section 104(e) of CERCLA, 42 U.S.C.
9604(e), against SES and Mr. Hirsch for their failure to respond to
requests for information issued by EPA in connection with the Site.
    The Consent Decree would resolve the United States' cost recovery
claims with regard to the Site against SES and Mr. Hirsch under section
107(a) of CERCLA, 42 U.S.C. 9607(a), through a sum-certain
reimbursement of $236,624.27 into the United States Defense
Environmental Restoration Account. In addition, Mr. Hirsch would
reimburse the United States Defense Environmental Restoration Account
forty percent (40%) of the assets of SES upon his death or upon any
transfer of SES assets outside the normal course of business, whichever
is earlier. The Consent Decree would resolve the United States' claims
against SES and Mr. Hirsch under section 104(e), 42 U.S.C. 9604(e),
through payment of a civil penalty of $15,000. The reimbursements and
penalties to be paid to the United States under the settlement are
based upon a documented limited ability to pay.
    As a condition of settlement, Mr. Hirsch, as owner of the Site,
would implement institutional controls at the Site through the
recording of restrictive covenants, which are required under the Record
of Decision to complete the remedy at the Site. Additionally, SES and
Mr. Hirsch would relinquish all claims or causes of action with respect
to the Site against the United States. In return, SES and Mr. Hirsch
would receive contribution protection and a covenant not to sue from
the United States under sections 106 and 107(a) of CERCLA, 42 U.S.C.
9606 and 9607(a), with regard to the Site, subject to certain
reservations of rights.
    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,
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to:
United States v. Summit Equipment & Supplies, Inc., and Benjamin J.
Hirsch, Civil Action Nos. 5:90CV1704 and 5:05CV2031, D.J. Refs. 90-11-
3-633 and 633/3.
    The Consent Decree may be examined at the Office of the United
States Attorney for Northern District of Ohio, Carl B. Stokes United
States Court House, 801 West Superior Avenue, Suite 400, Cleveland,
Ohio, and at U.S. EPA Region 5, 77 West Jackson Boulevard, 14th Floor,
Chicago, Illinois. During the public comment period, the Consent Decree
may also be examined on the following Department of Justice Web site,
http://www.usdoj.gov/enrd/Consent_Decrees.html. Copies of the Consent
Decree 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 or e-mailing a request to Tonia Fleetwood
tonia.fleetwood@usdoj.gov), fax number (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting copies from the
Consent Decree Library, please enclose a check, payable to the U.S.
Treasury, in the amount of $16.50 (25 cents per page reproduction
cost), or, if by e-mail or fax, forward a check in the amount of $16.50
to the Consent Decree Library at the stated address.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 08-124 Filed 1-16-08; 8:45 am]
BILLING CODE 4410-15-M

 
 

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