[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14477-14478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7673]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Order Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that a proposed consent order in In the
Matters of Hanlin Group, Inc., et al., Case Nos. 91-33872-91-33875
(SAS) (Bkcy. D. N.J.), was lodged on March 12, 1998, with the United
States Bankruptcy Court for the District of New Jersey. The proposed
consent order would settle a claim asserted in this Chapter 11
bankruptcy proceeding by the United States on behalf of the United
States Environmental Protection Agency relating to reimbursement of
post-petition administrative expenses in environmental response costs
that have been or will be expended by EPA at three facilities owned
and/or operated by debtors under the Comprehensive Environmental
Response Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et
seq. The three facilities are the Moundsville, West Virginia plant,
owned by the Hanlin Chemicals West Virginia, Inc. subsidiary of the
Hanlin Group, Inc., and the Linden, New Jersey and Brunswick, Georgia
plants, owned by the LCP Chemicals Division of the Hanlin Group, Inc.
The United States asserted a claim for approximately $50-$60 million
for future costs of remediating the Moundsville facility, approximately
$11-14 million for future costs of remediating the Linden facility, and
approximately $4.2 million in past costs incurred with respect to
response activities at the Brunswick facility.
Under the terms of the proposed consent order, (1) with respect to
the Moundsville facility, where AlliedSignal, Inc. is performing
removal activities and has assumed the debtors' environmental
obligations under an April 1994 agreement, Allied-Signal, Inc.
expressly agrees that resolution of the United States' claim against
the debtors does not affect or in any way diminish the cleanup
obligations that AlliedSignal, Inc. has undertaken; (2) with respect to
the Linden facility, the United States will receive an allowed first-
tier administrative expense claim for the $106,000 in costs that EPA
has incurred with respect to that facility, a subordinated (second-
tier) claim of $5.5 million that would be paid only after payment to
all allowed first-tier administrative claimants, and a
supersubordinated (third-tier) administrative claim of $5.5 million
that would be paid only after payment to all other allowed
administrative claimants; (3) with respect to the Brunswick facility,
the United States will receive an allowed first-tier administrative
expense claim for the $1 million, a subordinated (second-tier) claim of
$500,000 that would be paid only after payment to all allowed first-
tier administrative claimants, and a supersubordinated (third-tier)
administrative claim of $2.7 million that would be paid only after
payment to all other allowed administrative claimants. All payments to
the United States under the proposed consent order will be paid to the
EPA Hazardous Substance Superfund.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent order. Comments should be addressed to the Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to In
the Matters of Hanlin Group, Inc., et al., DOJ Ref. No. 90-7-1-593A.
The proposed consent order may be examined at the office of the
United States Attorney for the District of New Jersey, 402 East State
Street., Rm. 502, Trenton, NJ 08608; the Region II, III, and IV Offices
of the Environmental Protection Agency, located at 290 Broadway, New
York, NY 10007-1866 (Region II), 841 Chestnut Building, Philadelphia,
PA 19107 (Region III), 100 Alabama Street, S.W., Atlanta, GA 30303-3104
(Region IV). and at the Consent Decree Library, 1120 G Street, N.W.,
4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the
proposed consent order may be obtained in person or by mail from the
Consent Decree Library, 1120 G Street, N.W., 4th
[[Page 14478]]
Floor, Washington, D.C. 20005. In requesting a copy, please refer to
the referenced case and enclose a check in the amount of $3.25 (25
cents per page reproduction costs) payable to the Consent Decree
Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-7673 Filed 3-24-98; 8:45 am]
BILLING CODE 4410-15-M
