[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Page 63942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25426]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation, and Liability Act and the Oil
Pollution Act
On October 21, 2014, the Department of Justice lodged a proposed
settlement agreement (the ``Settlement Agreement'') with the United
States Bankruptcy Court for the Southern District of New York in the
bankruptcy case of Getty Petroleum Marketing Inc., and its affiliates
(collectively, ``Getty''), In re Getty Petroleum Marketing Inc., et
al., Case No. 11-15606 (SCC). The Settlement Agreement relates to the
Newtown Creek Superfund Site, located in Queens County and Kings
County, New York (the ``Newtown Creek Site'').
The parties to the proposed Settlement Agreement are the United
States and the Liquidating Trust established in the bankruptcy. The
Settlement Agreement provides for a $14,844,800 allowed general
unsecured claim for the United States on behalf of EPA and a $1,155,200
allowed general unsecured claim for the United States on behalf of the
U.S. Department of the Interior and the National Oceanic and
Atmospheric Administration of the U.S. Department of Commerce
(collectively, the ``NRD Trustees'').
The Settlement Agreement resolves EPA's claims against debtors
Getty Petroleum Marketing Inc. (``GPMI'') and Getty Terminals Corp.
(``Getty Terminals'') for costs under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C
9601-75 (``CERCLA''), and the Oil Pollution Act, 33 U.S.C. 2702(a)
(``OPA''), in connection with the Newtown Creek Site. The proposed
Settlement Agreement also resolves the NRD Trustees' claims against
GPMI and Getty Terminals under CERCLA and OPA for natural resource
damages and costs of assessment in connection with the Newtown Creek
Site. As part of the Settlement Agreement, GPMI, Getty Terminals, and
the Liquidating Trust on behalf of GPMI and Getty Terminals will
receive from the United States on behalf of EPA and the NRD Trustees a
covenant not to file a civil action or take administrative action
pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and
section 1002(a) of OPA, 33 U.S.C. 2702(a), with respect to the Newtown
Creek Site.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to In re Getty Petroleum Marketing Inc., D.J. Ref. No. 90-
7-1-10503. All comments must be received no later than thirty (30) days
after the publication date of this notice. Comments may be submitted
either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
Public comments timely received will be filed on the public court
docket.
During the public comment period, the Settlement Agreement may be
examined and downloaded at this Department of Justice Web site: http://www.justice.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Settlement Agreement upon written request and payment of
reproduction costs. Please mail your request and payment to:
Consent Decree Library,
U.S. DOJ--ENRD,
P.O. Box 7611,
Washington, DC 20044-7611.
Please enclose a check or money order for $3.75 (25 cents per page
reproduction costs) payable to the United States Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2014-25426 Filed 10-24-14; 8:45 am]
BILLING CODE 4410-15-P