[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Page 12544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4741]



[[Page 12544]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Settlement Agreement in In re Joy 
Technologies, Inc. (d/b/a Joy Mining Machinery), C.A. No. 99-2194 
(Bnkr. Ct. Del.), was lodged on February 21, 2001, with the United 
States Bankruptcy Court for the District of Delaware. The Settlement 
Agreement resolves the United States' claims against Joy Technologies, 
Inc. (d/b/a Joy Mining Machinery) (``Joy'') with respect to past 
response costs incurred and future costs to be incurred, pursuant to 
Section 107 of the Comprehensive Environmental Response, Compensation 
and Liability Act, 42 U.S.C. 9607, in connection with the clean-up of 
the Route 52 Site, Bluefield, Mercer County, West Virginia. The 
Settlement Agreement also resolves the United States' claims for civil 
penalties, pursuant to section 106(b) of CERCLA, 42 U.S.C. 9606(b), and 
punitive damages, pursuant to section 107(c)(3) of CERCLA, 42 U.S.C. 
9607(c)(3).
    Under the Settlement Agreement, Joy has agreed to give EPA, a 
general unsecured creditor, an allowed claim in the amount of 
$7,000,000.00, plus interest, in reimbursement of response costs 
incurred in connection with the Site. Joy will pay the allowed claim on 
the same basis as its pays the allowed claims of all other unsecured 
creditors. In addition, Joy has agreed to pay the United States 
$1,500,000.00 to resolve the United States' claims pursuant to section 
106(b) and 107(c)(3) of CERCLA, 42 U.S.C. 9606(b), 9607(c)(3). The 
latter amount will be paid within 78 months from the date the 
Bankruptcy Court approves the plan of reorganization for Harnischfeger 
Industries Incorporated and the other debtors, including Joy, involved 
in Bankruptcy Case Number 99-2177 (Jointly Administered), pending in 
the District of Delaware.
    The Department of Justice will receive, for a period of 30 days 
from the date of this publication, comments relating to the proposed 
Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to In re 
Joy Technologies, Inc. (d/b/a Joy Mining Machinery), DOJ Reference No. 
90-11-2-207/6.
    The proposed Settlement Agreement may be examined at the Office of 
the United States Attorney, Chemical Bank Plaza, 1201 Market Street, 
Suite 1100, Wilmington, Delaware 19899; and the Region III Office of 
the Environmental Protection Agency, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. A copy of the proposed Settlement Agreement may be 
obtained by mail from the Department of Justice Consent Decree Library, 
P.O. Box 7611, Washington, DC 20044. In requesting a copy, please refer 
to the referenced case and enclose a check in the amount of $3.25 (.25 
cents per page production costs), payable to the Consent Decree 
Library.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-4741 Filed 2-26-01; 8:45 am]
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