[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Page 22675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09984]
[[Page 22675]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Settlement Agreement Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On May 11, 2017, a proposed Settlement Agreement was lodged with
the Circuit Court of Cook County, Illinois, in the case entitled In the
Matter of the Rehabilitation of Centaur Insurance Company, No. 87 CH
8615.
The Centaur Insurance Company (``Centaur'') is in rehabilitation
under the jurisdiction of the Circuit Court of Cook County, Illinois
County Department, Chancery Division. In that proceeding, the United
States has asserted claims totaling $10 million on behalf of the
Environmental Protection Agency under an insurance policy issued by
Centaur to LCP Chemicals, Inc. (``LCP'') in 1982 (the ``Policy''). The
Policy is an Excess Umbrella Liability policy with a liability limit of
$10 million in excess of $11 of underlying liability. The claims under
the Policy are based on LCP's liability to EPA under the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9601, et seq., at three Superfund sites: The LCP Chemicals
Site in Brunswick, Georgia (``Brunswick Site''), the Hanlin-Allied-Olin
Superfund Site in Moundsville, West Virginia (``Moundsville Site''),
and the LCP Chemicals, Inc. Superfund Site in Linden, New Jersey
(``Linden Site''). The Office of the Deputy Receiver, Illinois
Department of Insurance (``Rehabilitator), has been appointed as the
rehabilitator of Centaur under the Illinois statutes governing
insurance receiverships.
The Settlement Agreement will require the Rehabilitator to pay EPA
$8,750,000, to be allocated as follows: $2,916,667 for the Brunswick
Site, $2,916,667 for the Moundsville Site, and $2,916,666 for the
Linden Site. In exchange for this payment, the United States, on behalf
of EPA, promises not to file a civil action against the Rehabilitator
or Centaur for all liabilities under the Policy arising under CERCLA
for the Brunswick Site, the Moundsville Site, the Linden Site, or any
other site. The Settlement Agreement preserves the United States' right
to file (a) any claim based on any other insurance policy issued by
Centaur, (b) any claim by EPA under the Policy based on statutes other
than CERCLA, and (c) any claims of federal agencies other than EPA
under the Policy.
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 the Matter of the Rehabilitation of Centaur
Insurance Company, No. 87 CH 8615 (Ill. Circuit Ct. Cook County), D.J.
Ref. No. 90-11-3-10462. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. 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, D.C.
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: https://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 $1.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-09984 Filed 5-16-17; 8:45 am]
BILLING CODE 4410-15-P