[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22848-22849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10013]
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DEPARTMENT OF JUSTICE
Notice of Filing of Proposed Settlement Agreement Regarding
Environmental Claims in Connection With Franklin Smelting/Slag Site,
Safety Light Corp. Site, Cleancare Corp. Site, and Portland Harbor Site
On May 11, 2017, a Notice of Motion was filed in the Superior Court
for the State of California for the County of Los Angeles in the
proceeding entitled Dave Jones, Insurance Commissioner of the State of
California v. Mission Insurance Company, et al., Case No. C 572 724.
The Motion will seek court approval of a Settlement Agreement between
Dave Jones, Insurance Commissioner of the State of California, in his
capacity as Trustee (the ``Trustee'') of the Mission Insurance Company
Trust and the Mission National Insurance Company Trust (the ``Mission
Trusts''), and the United States Department of the Interior (``DOI''),
Environmental Protection Agency (``EPA''), and National Oceanic and
Atmospheric Agency (``NOAA'') (collectively referred to as ``the
Federal Claimants''), acting by and through the United States
Department of Justice (``DOJ'').
The Settlement Agreement would resolve claims by the Federal
Claimants under Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607,
involving insured parties in connection with four Superfund Sites: (1)
The Franklin Smelting and Franklin Slag Sites in Philadelphia,
Pennsylvania (Franklin Smelting and Refining Company, et al.); the
Safety Light Corporation Site in Bloomsburg, Pennsylvania (United
States Radium Corp. and USR Industries, Inc., et al.); the CleanCare
Corporation Site in Tacoma, Washington (Lilyblad Petroleum, Inc.); and
the Portland Harbor Site (Linnton Plywood Association). The Federal
Claimants filed proof of claims in the instant proceeding against the
Mission Trusts arising from policies of insurance that Mission
companies had issued to the parties liable for contamination at these
four Sites.
Under the Settlement Agreement, the Mission Trusts will pay to the
United States $28.6 million to be allocated to accounts respecting the
four Superfund Sites as follows:
a. $11,914,658.58 shall be paid with respect to the Franklin
Smelting Superfund Site and the Franklin Slag Superfund Site.
b. $7,113,598.90 shall be with respect to the Safety Light
Corporation Superfund Site in Bloomsburg, PA.
c. $284,543.96 shall be paid with respect to the CleanCare
Corporation Superfund Site in Tacoma, WA.
d. $9,287,198.56 shall be with respect to the Portland Harbor
Superfund Site in Portland, OR. This amount shall be divided between
EPA and DOI and NOAA as follows: $6,965,398.92 to EPA, and
$2,321,799.64 to DOI and NOAA.
In consideration of this payment, upon approval of the Settlement
Agreement the Federal Claimants covenant not to file a civil action
against
[[Page 22849]]
the Trustee, the Mission Trusts and the various California courts
involved in the liquidation proceeding involving the Mission Trusts.
The Settlement Agreement is conditioned upon court approval for a
super-priority release of the Trustee under 31 U.S.C. 3713, the Federal
Priorities Statute. The Trustee will appear at a hearing to present the
motion seeking approval the Settlement Agreement on June 22, 2017, at
8:30 a.m. in Department 50 of the Stanley Mosk Courthouse, 111 North
Hill Street, Floor 5, Room 508, Los Angeles, California 90012.
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 Dave Jones, Insurance Commissioner of the State of
California v. Mission Insurance Company, et al., D.J. Ref. No. 90-11-3-
10711. All comments must be submitted no later than twenty-one (21)
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, 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: https://www.justice.gov/enrd/consent-decrees. Alternatively, a paper copy of
the Settlement Agreement will be provided 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 $2.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-10013 Filed 5-17-17; 8:45 am]
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