[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2238-2239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00746]
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DEPARTMENT OF JUSTICE
Notice of Filing of Proposed Stipulation and Settlement Agreement
Under The Comprehensive Environmental Response, Compensation, and
Liability Act
On January 12, 2016, a proposed Settlement Agreement between the
United States and the Debtors (``Settlement Agreement'') was filed with
the United States Bankruptcy Court for the District of Delaware in the
bankruptcy proceeding entitled In re Reichhold Holdings US, Inc., No.
14-12237-MFW (Bankr. D. Del.).
The proposed Settlement Agreement will resolve certain proofs of
claim asserted against Debtor Reichhold Inc. under the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9601-9675, for costs incurred and to be incurred by the United
States in connection with certain sites, and for natural resource
damages and costs of assessment at or in connection with certain sites.
Under the proposed Settlement Agreement the United States will have
the following allowed general unsecured claims in the above referenced
bankruptcy proceeding: 1)With respect to the Peterson/Puritan, Inc.
Superfund Site in Rhode Island, the United States on behalf of EPA
shall have an Allowed General Unsecured Claim of $205,211; 2) With
respect to the Berry's Creek Study Area operable unit of the Ventron/
Velsicol Superfund Site in New Jersey, the United States on behalf of
EPA shall have an Allowed General Unsecured Claim of $400,000; 3) With
respect to the Lower Passaic River Study Area of the Diamond Alkali
Superfund Site in New Jersey, the United States on behalf of EPA shall
have an Allowed General Unsecured Claim of $8,000,000; 4) With respect
to the Yosemite Slough Superfund Site in California, the United States
on behalf of EPA shall have an Allowed General Unsecured Claim of
$268,000; 5) With respect to the Lower Duwamish Waterway Superfund Site
in Washington: (i) The United States on behalf of EPA shall have an
Allowed General Unsecured Claim of $4,300,000; (ii) the United States
on behalf of National Oceanic and Atmospheric Administration (``NOAA'')
shall have an Allowed General Unsecured Claim of $5,937; and (iii) the
United States on behalf of the Department of Interior (``DOI'') shall
have an Allowed General Unsecured Claim of $558,897.74 (which includes
DOI assessment costs of $3,897.74); 6) With respect to the Kin-
[[Page 2239]]
Buc Landfill Superfund Site in New Jersey, the United States on behalf
of NOAA shall have an Allowed General Unsecured Claim of $29,487.47; 7)
With respect to the Picketville Landfill Site in Florida, the United
States, on behalf of EPA, shall have no allowed claim; 8) With respect
to the Omega Chemical Site in California, the Omega PRP Organized Group
(``OPOG'') and the Debtors are attempting to negotiate a written
agreement prior to the effective date of Debtors' Plan of Liquidation,
providing that OPOG's proof of claim shall be allowed as a general
unsecured claim in the amount of $4,000,000. The United States on
behalf of EPA shall have an contingent allowed general unsecured claim
of $4,000,000 with respect to the Omega Site, which contingent allowed
general unsecured claim shall only be entitled to a distribution from
the Debtors in the event that no settlement agreement is reached
between the Debtors and OPOG prior to the effective date of the
Debtors' Plan of Liquidation; 9) With respect to the Baldwin Park
Operable Unit Site (``BPOU'') in California, certain proofs of claim
were filed by various PRPs. The Debtors are attempting to negotiate and
enter into a written agreement with the BPOU PRP Group prior to the
effective date of Debtors' Plan of Liquidation, providing that the BPOU
Proofs of Claim shall be merged into a single proof of claim and shall
be Allowed as a General Unsecured Claim in the amount of $3,000,000.
The United States on behalf of EPA shall have a contingent allowed
general unsecured claim of $3,000,000 with respect to the BPOU Site,
which contingent allowed general unsecured claim shall only be entitled
to a distribution from the Debtors in the event that no settlement
agreement is reached between the Debtors and the BPOU PRP Group prior
to the effective date of Debtors' Plan of Liquidation.
The Settlement Agreement includes certain covenants not to sue
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 or 9607, with
respect to the above referenced Sites. DOI and NOAA are providing a
covenant not to sue under Section 107 of CERCLA, 42 U.S.C. 9607 with
respect to each Site for which they are receiving an allowed claim.
The publication of this notice opens a period for public comment on
the Settlement Agreement--Gulfport. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to In re Reichhold Holdings US, INC., et al.,--D.J.
Ref. No. 90-11-2-11196. All comments must be submitted so that they are
received by no later than midnight (Eastern Time) January 29, 2016.
Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected]
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box
7611,Washington, DC 20044-7611.
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During the public comment period, the Settlement Agreement may be
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. 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 $ 9.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-00746 Filed 1-14-16; 8:45 am]
BILLING CODE 4410-15-P