[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Page 18425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8810]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
In accordance with Department of Justice Policy, 28 CFR 50.7,
notice is hereby given that on March 29, 1995, a proposed consent
decree was lodged with the United States District Court for the
District of Colorado in United States v. Chemical Sales Company, et
al., CA No. 94-M-2876. The proposed consent decree settles claims
asserted by the United States, at the request of the United States
Environmental Protection Agency (EPA) and the United States Department
of the Army, and by the State of Idaho for releases and threatened
releases of hazardous substances at the Chemical Sales Superfund Site
near Denver, Colorado. The persons and entities named as defendants are
Chemical Sales Company, Inc.; Bernard Katz, individually, as a general
partner of M.K. Partners, as personal representative of the Estate of
Eunice Katz, as an acting trustee of the Bernard P. Katz Children's
Trust; Daniel Katz, individually, as a general partner of M.K.
Partners, as personal representative of the Estate of Moses Katz, and
as an acting trustee of the Daniel I. Katz Trust; Myrna Kesselman; M.K.
Partners; the Bank of Cherry Creek, as trustee of the Moses and Eunice
Katz Trusts; and Lois Alterman, as an acting trustee for the Bernard P.
Katz Children's Trust.
In the complaint, the United States asserted claims pursuant to
Section 107(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C.
9607(a), the Federal Priorities Act, 31 U.S.C. 3713, and the Federal
Debt Collection Procedure Act, 28 U.S.C. 3301, for recovery of costs
that have been and will be incurred in response of releases and
threatened releases of hazardous substances at the Chemical Sales
Superfund Site near Denver, Colorado. The State of Colorado asserted a
claim for recovery of costs pursuant to Section 107(a) of CERCLA, 42
U.S.C. 9607(a) and applicable State law theories.
Under the proposed Consent Decree, the Defendants have made the
following commitments: (1) Pay $1.125 million in cash, representing the
proceeds of an insurance settlement between Chemical Sales Company and
certain of its insurers; (2) pay up to $1 million from various Katz
family trusts and estates; (3) and transfer their interests in the
Chemical Sales Property to G.L. Bryan Investments, Inc., pursuant to a
prospective purchaser agreement between the United States and Bryan. In
exchange, the United States and the State will provide a covenant not
to sue to the Defendants (except defendant Bernard Katz) without the
usual reopeners.
In exchange for the commitments made by the settling Defendants in
the consent decree, the United States and the State of Colorado have
agreed to provide the Defendants (except defendant Bernard Katz) with a
complete covenant not to sue without normal reopener provisions for the
Site.
The Department of Justice will receive written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, Washington, D.C. 20530, and
should refer to United States v. Chemical Sales Co., et al., D.J. Ref.
No. 90-11-2-748A.
The proposed Consent Decree and exhibits may be examined at the
following locations: the Region 8 Office of EPA, 999 18th Street, Suite
500, Denver, Colorado. The complete Administrative Record for the
Chemical Sales Superfund Site may be reviewed at the same location.
A copy of the Consent Decree and exhibits (if requested) may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In
requesting copies, please enclose a check in the amount of $12.00 (25
cents per page reproduction cost) payable to the ``Consent Decree
Library.''
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-8810 Filed 4-10-95; 8:45 am]
BILLING CODE 4410-01-M
