[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44217-44218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20097]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree and Settlement
Agreement Under the Comprehensive Environmental Response, Compensation,
and Liability Act and Chapter 11 of The United States Bankruptcy Code
On September 15, 2017, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of New Jersey in the lawsuit entitled United States v. Alsol
Corporation, SB Building Associates, LP, SB Building GP, LLC, United
States Land Resources, L.P., United States Realty Resources, Inc.,
Lawrence S. Berger, and 3.60 Acres of Land, More or Less, located at
Block 58, Lot 1.01, at 2 through 130 Ford Avenue in Milltown, Middlesex
County, New Jersey, Civil Action Number 2:13-cv-00380. This consent
decree incorporates terms of a proposed settlement agreement lodged on
May 15, 2017, with the United States Bankruptcy Court for the District
of New Jersey in three jointly administered Chapter 11 bankruptcy
cases, In re S B Building Associates Limited Partnership, Case No. 13-
12682-VFP, In re SB Milltown Industrial Realty Holdings, LLC, Case No.
13-12685-VFP and In re Alsol Corporation, Case No. 13-12689-VFP. The
proposed settlement agreement is incorporated into the proposed consent
decree and is attached thereto.
The proposed consent decree and proposed settlement agreement would
resolve claims of the United States brought against the Defendants in
the district court case under Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607
(``CERCLA''), seeking reimbursement of response costs incurred or to be
incurred for response actions taken at or in connection with the
release or threatened release of hazardous substances at the Michelin
Powerhouse Site and the Michelin Building 3 Vat Site located within Tax
Map Block 58, Lot 1.01, in the Borough of Milltown, Middlesex County,
New Jersey. Under
[[Page 44218]]
the terms of the proposed consent decree and proposed settlement
agreement, Defendants SB Building GP, LLC, United States Land
Resources, L.P., United States Realty Resources, Inc., and Lawrence S.
Berger have agreed, as provided by and subject to the terms and
conditions of the Consent Decree and attached Settlement Agreement,
that they are liable for the payment of $2,450,000 plus interest and
certain costs in settlement of the claims alleged in the complaint
filed in the district court case. Of this amount, $2,429,000, or
99.1428%, will be deposited into the Hazardous Substance Superfund
established by the Internal Revenue Code, 26 U.S.C. 9507, and $21,000,
or 0.8571%, will be deposited into the Oil Spill Liability Trust Fund
established by the Internal Revenue Code, 26 U.S.C. 9509.
The proposed settlement agreement in the bankruptcy case would
resolve the bankruptcy claims of the United States against two of the
Defendants in the district court case, Alsol Corporation and S B
Building Associates, LP., which are claims based on the CERCLA claims
brought against these Defendants in the district court case. The
proposed settlement agreement would also resolve the liability of
Defendants SB Building GP, LLC, United States Land Resources, L.P.,
United States Realty Resources, Inc., and Lawrence S. Berger for
payment of the judgment entered in United States v. Alsol Corp., et
al., No. 2:09-cv-03026 (D.N.J.), an access case under Section 104(e) of
CERCLA, 42 U.S.C. 9604(e). The proposed settlement agreement would
become effective upon the date of entry of a final and non-appealable
order confirming a Plan of Reorganization that incorporates the terms
of the settlement agreement.
The publication of this notice opens a period for public comment on
the proposed consent decree and proposed settlement agreement. Comments
should be addressed to the Assistant Attorney General, Environment and
Natural Resources Division, and should refer to United States v. Alsol
Corporation, et al., Civil Action Number 2:13-cv-00380, D.J. Ref. No.
90-11-3-09697/1. 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, DC 20044-7611.
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During the public comment period, the proposed consent decree and
proposed 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 these documents 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 $7.75 (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. 2017-20097 Filed 9-20-17; 8:45 am]
BILLING CODE 4410-15-P