[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Page 37474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17843]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act
Notice is hereby given that on July 11, 1995, a proposed settlement
agreement was lodged with the United States Bankruptcy Court for the
Northern District of Ohio at Canton in In re SiMETCO, Inc., Case No.
93-61772. The proposed settlement agreement settles an amended proof of
claim filed by the United States on behalf of the United States
Environmental Protection Agency (EPA) relating to costs incurred and to
be incurred by the United States pursuant to Section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. Sec. 9607, at the Hylebos Waterway Problem
Areas of the Commencement Bay Nearshore/Tideflats Superfund Site (``CB
N/T Site'') in Pierce County, Washington.
SiMETCO filed a voluntary petition for reorganization under chapter
11 of the Bankruptcy Code on September 17, 1993 in the United States
District Court for the Northern District of Ohio. The United States
filed an amended proof of claim on behalf of EPA in the Simetco
bankruptcy on July 13, 1994, for unreimbursed environmental responses
costs which have been and which will be incurred in the future by the
United States under Section 107 of CERCLA, 42 U.S.C. Sec. 9607. The
claims relate to costs incurred and to be incurred by the United States
at the Hylebos Waterway Problem Areas of the CB N/T Site.
Under the proposed settlement agreement, EPA's claim shall be
allowed as an Unsecured Claim in the amount of $510,000, and paid in
accordance with the Debtor's Plan of Reorganization that was confirmed
on December 7, 1994. In consideration of the payments made by the
Debtor under the settlement agreement, the United States covenants not
to sue the Debtor pursuant to Sections 106 and 107 of CERCLA for
response actions or response costs relating to the Hylebos Waterway
Problem Areas of the CB N/T 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, DC 20530, and should
refer to In re SiMETCO, Inc. D.J. Ref. No. 90-11-2-726A.
The proposed settlement agreement may be examined at the Region 10
Office of EPA, 7th Floor Records Center, 1200 Sixth Avenue, Seattle, WA
98101. A copy of the settlement agreement may be obtained in person or
by mail from the Consent Decree Library, 1120 G Street NW., 4th Floor,
Washington, DC 20005, (202) 624-0892. In requesting copies, please
enclose a check in the amount of $2.25 (25 cents per page reproduction
cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-17843 Filed 7-19-95; 8:45 am]
BILLING CODE 4410-01-M
