[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Pages 33278-33279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16309]
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DEPARTMENT OF JUSTICE
Notice of Public Comment Period for Proposed Consent Decree and
Settlement Agreement Under the Clean Air Act, RCRA and CERCLA
Under 28 CFR 50.7, notice is hereby given that, for a period of 30
days, the United States will receive public comments on a proposed
Consent Decree and Settlement Agreement (``Decree'') in In Re: G-I
Holdings, Inc., et al., (Bankr. Case Nos. 01-30135 (RG) and 01-38790
(RG) and United States v. G-I Holdings, Inc. (Adversary Proceeding No.
08-2531 (RG), which was lodged with the U.S. Bankruptcy Court for the
District of New Jersey on July 2, 2009. The United States, on behalf of
U.S. Environmental Protection Agency (``EPA''), U.S. Department of the
Interior (``DOI''), the U.S. National Oceanic and Atmospheric
Administration (``NOAA''), the State of Vermont, and the debtor, G-I
Holdings, Inc. (``G-I'') entered into the settlement under the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA''), 42 U.S.C. 9601 et seq.; the Resource Conservation and
Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq.; the Clean Air Act, 42
U.S.C. 7401 et seq.; the Federal Water Pollution Control Act
(``FWPCA''), 33 U.S.C. 1251 et seq.; and Title 10, Vermont Annotated
Statutes Sec. Sec. 1259, 1274, 6610a, 6615 and 6616. The proposed
Decree would resolve the proofs of claim of the United States on behalf
of EPA, DOI and NOAA, and the State of Vermont, and would also resolve
the Adversary Proceeding United States v. G. Holdings, Inc., Adv. Pro.
No. 08-2531 (RG), which seeks injunctive relief against G-I under
section 303 of the Clean Air Act, 42 U.S.C. 7603, and section 7003 of
RCRA, 42. U.S.C. 6973.
The Decree addresses 13 hazardous waste sites across the country,
including the Vermont Asbestos Mine Group Site (``the VAG Site''), in
Eden and Lowell, Vermont. Under the terms of the settlement, G-I will
establish and fund a Custodial Trust which will take immediate steps to
secure the VAG Site by constructing fencing, gates and road barriers,
and posting security guards. In addition, the Custodial Trust will
conduct air monitoring and dust suppression, if determined to be
necessary, and will assist and/or contribute to the off-site
investigative and abatement work undertaken by EPA and the State of
Vermont, over eight years, at a cost of up to $7.75 million.
The proposed settlement also requires G-I to reimburse EPA for
remediation of the VAG Site and off-site locations where waste from the
mine may be located up to $300 million paid at 8.6 cents on the dollar.
The United States' and Vermont's claims for natural resource damages
are resolved through a series of payments over nine years totaling
$850,000. The settlement also resolves EPA's claims for past and future
response costs and NOAA's claim for natural resource damages at nine
Generator Sites for $104,615.
Finally, under the terms of the settlement the United States has up
to 10 years to file suit to collect on monetary claims related to three
sites in New Jersey and New York, the GAF Chemicals Site, the LCP
Chemicals Inc. Superfund Site, and the Diamond Alkali Superfund Site,
referred to as the
[[Page 33279]]
``Linden Sites.'' The United States retains the right to seek relief
against the reorganized G-I for CERCLA response costs and/or natural
resource damages at these three sites, and if G-I is found liable at
the Linden Sites after confirmation of G-I's Plan of Reorganization,
the claims will be paid at 8.6 cents on the dollar.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and either e-mailed to
[email protected] or mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
In Re: G-I Holdings, Inc., et al., D.J. Ref. 90-11-3-07425.
During the public comment period, the Decree may be examined on the
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Decree 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 $33.50
(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.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9-16309 Filed 7-9-09; 8:45 am]
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