Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, (``CERCLA''), 42 U.S.C. 9601 et seq.

[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Notices]
[Page 64523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31004]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act, (``CERCLA''), 
42 U.S.C. 9601 et seq.

    Under 28 CFR 50.7, notice is hereby given that on September 25, 
1998, a proposed Consent Decree in United States v. United Technologies 
Automotive Systems, Inc., et al., Civil Action No. 8-98-CV-90150, was 
lodged with the United States District Court for the Southern District 
of Iowa.
    In this action against United Technologies Automotive Systems, Inc, 
(``UTAS''), F/K/A Sheller-Globe Corporation (``Sheller-Globe'') and 
David B. and Miriam Grimes (the ``Grimes''), pursuant to sections 106 
and 107 of CERCLA, 42 U.S.C. 9606 and 9607, on behalf of the United 
States Environmental Protection Agency (``EPA''), the United States 
sought: (1) Reimbursement of costs incurred in performing response 
activities at the Sheller-Globe Superfund Site in Keokuk, Iowa 
(``Site'') and (2) performance of response work by the defendants at 
the Site pursuant to the Record of Decision, dated September 20, 1995 
(``ROD''). Under the Consent Decree, the defendants will reimburse the 
EPA Hazardous Substance Superfund approximately $35,000 for all 
response costs incurred between the date of the ROD and the effective 
date of the Consent Decree, and all future costs incurred by the 
Department of Justice (``DOJ'') and EPA. The defendants also will 
provide access and institutional controls and perform the remedial work 
in accordance with the Consent Decree, ROD, and Statement of Work 
(``SOW''), valued at approximately $121,000. This settlement, together 
with a prior Administrative Order on Consent, (``AOC'') entered into by 
EPA and UTAS predecessor Sheller-Globe on October 23, 1990, in which 
Sheller-Globe agreed to pay EPA's past costs at or in connection with 
the Site as well as the costs incurred by EPA associated with the 
oversight of the AOC, will result in a recovery of 100% of the United 
States' expected response costs. In exchange, UTAS and the Grimes will 
receive a covenant not to sue pursuant to sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a), relating to the Site, subject to 
all standard reservations and reopeners. In addition, UTAS and the 
Grimes will receive contribution protection under section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2).
    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 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, D.C. 20530, and should refer to United States v. 
United Technologies Automotive Systems, Inc. et al., D.J. Ref. 90-11-2-
1266.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Iowa, 110 East Court Street, Des 
Moines, Iowa 50309, at U.S. EPA--Region VII, 726 Minnesota Avenue, 
Kansas City, Kansas 66101, and at the Consent Decree Library, 1120 G 
Street, NW, 3rd Floor, Washington, DC 20005, (202) 624-0892. A copy of 
the Consent Decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, NW., 3rd Floor, Washington, D.C. 
20005. In requesting a complete copy with all Attachments, please 
enclose a check in the amount of $69.75 (25 cents per page reproduction 
cost) payable to the Consent Decree Library. In requesting a copy of 
the Consent Decree without Attachments, please enclose a check in the 
amount of $23.25 (25 cents per page reproduction cost) payable to the 
Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-31004 Filed 11-19-98; 8:45 am]
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