Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 3271 [08-124]

Agencies

• Department of Justice

[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Page 3271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-124]



[[Page 3271]]

-----------------------------------------------------------------------

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, 
https://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