[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Pages 5997-5998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-542]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Under the Clean Air Act
Notice is hereby given that on January 29, 2007, a proposed
Stipulation and Order (``the Stipulation'') in In re Westwood Chemical
Corp., Docket No. 05-B-35298 (CGM), and Banner v. HSBC Bank, National
Association, et al., Adversary Proceeding No. 06-09061 (CGM), was
lodged with the United States Bankruptcy Court for the Southern
District of New York.
In this action the United States, on behalf of the Environmental
Protection Agency (``EPA''), filed an administrative claim for expenses
incurred in a CERCLA response action performed at the Debtor Westwood
Chemical Corporation's Site, 46 Tower Road, Middletown, New York 10941,
in Orange County, where Debtor manufactured chemicals. After EPA's
response action concluded, the Bankruptcy Trustee sold the Westwood
[[Page 5998]]
Site, including all real property, machinery, and equipment, for a cash
payment of $3 million. Under the Stipulation, the Trustee will disburse
the $3 million in sale proceeds as follows: EPA will receive $1.25
million, in full settlement of its administrative claim; the State of
New York will receive $40,000; HSBC Bank will receive $750,000; the
Town of Wallkill and County of Orange will collectively receive
$275,000; Eleanor Koch will receive $62,500; Rider, Weiner, Frankel &
Calhelha, PC, will receive $41,750, with the remainder to be released
to the Trustee to pay administrative expenses as authorized by the
Court. The Stipulation also provides that, in consideration of the
payments made pursuant to the Stipulation, the United States on behalf
of EPA covenants not to bring a civil action or take administrative
action against the Debtor's estate, the Trustee, and/or HSBC Bank
pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,
relating to the Westwood Site. The Stipulation also provides to the
Debtor's estate, the Trustee, and/or HSBC Bank protection from
contribution actions or claims as provided by CERCLA Section 113(f)(2),
42 U.S.C. 9613(f)(2), for matters addressed in the Stipulation. In
addition, the Debtor's Estate, the Trustee, and HSBC Bank covenant not
to sue or assert causes of action against the United States with
respect to the Westwood Site.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Stipulation. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to In re Westwood Chemical Corporation, and/or Banner v. HSBC Bank,
National Association, et al., D.J. Ref. 90-11-2-08602.
The Stipulation may be examined at the Office of the United States
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and
at U.S. EPA Region II, 290 Broadway, New York, New York 10007. During
the public comment period, the Stipulation may also be examined on the
following Department of Justice Web site http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Stipulation may also be obtained
by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department
of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a
request to Tonia Fleetwood ([email protected]), fax no. (202)
514-0097, phone confirmation number (202) 514-1547. In requesting a
copy from the Consent Decree Library, please enclose a check in the
amount of $4.75 (25 cents per page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax, forward a check in that amount
to the Consent Decree Library at the stated address.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-542 Filed 2-7-07; 8:45 am]
BILLING CODE 4410-15-M