[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81311-81312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32378]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation and Liability Act and Chapter 11
of the United States Bankruptcy Code
Notice is hereby given that on December 20, 2010, a proposed
Settlement Agreement (``Agreement'') in In re Erving Industries, Inc.,
Case No. 09-30623 (Bankr. D. Mass), was lodged with the United States
Bankruptcy Court for the District of Massachusetts. The Agreement was
entered into by the United States, on behalf of the United States
Environmental Protection Agency (``EPA'') and the United States Army
Corps of Engineers (the ``Corps''), and Erving Industries, Inc.
(``Debtor''). The Agreement relates to liabilities of the Debtor under
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA'').
The Agreement provides that the Past Response Cost Claim shall be
allowed as an unsecured claim in the amount of $25,000, and paid as an
unsecured claim in accordance with the terms of the Debtor's plan of
reorganization.
This Agreement does not preclude: (a) Claims against the Debtor by
the United States under Section 107 of CERCLA, 42 U.S.C. 9607, for
recovery of response costs incurred after January 15, 2010 with respect
to response actions taken at Debtor-Owned Property, the Mill, and/or
the Birch Hill Dam Area including such response actions taken to
address hazardous substances that have migrated or that may migrate
from such Debtor-Owned Property, and/or the Mill, including but not
limited to the Birch Hill Dam Area; and (b) Actions against the Debtor
by the United States under CERCLA or RCRA seeking to compel the
performance of a removal action, remedial action, corrective action,
closure or any other cleanup action at Debtor-Owned Property, and/or
the Mill, including actions to address hazardous substances that have
migrated, or that may migrate, from such Debtor-Owned Property, and/or
the Mill, including but not limited to the Birch Hill Dam Area. The
Debtor further agrees that such claims are not discharged or impacted
in any way by the bankruptcy proceeding or confirmation of plan of
reorganization. The United States has available to it all avenues to
pursue such enforcement actions, and both parties reserve all defenses
and counterclaims, except those provided under the Bankruptcy Code.
Under the Agreement, the Debtor must comply with all obligations
under the 2007 Consent Decree entered in United States v. Baldwinville
Products, Inc., et.al. (C.A. No. 4:07-CV-40146) (D. Mass.). These
obligations are not effected in any way by this bankruptcy proceeding
or confirmation of a plan of reorganization.
Under the Agreement, the United States covenants not to bring civil
or administrative actions against the Debtor pursuant to Section 107 of
CERCLA relating to Past Response
[[Page 81312]]
Costs. This covenant not to sue is conditioned upon the complete and
satisfactory performance by the Debtor of its obligations under the
Agreement. The covenant not to sue applies only to the Debtor and does
not prevent the United States from suing other persons. Additionally,
the covenant not to sue is limited to Section 107 actions under CERCLA
related to Past Response Costs; the United States reserves its rights
to all other claims against the Debtor. The Debtor also covenants not
to sue or to assert any claims against the United States with respect
to Past Response Costs.
For a period of 30 days from the date of this publication, the
Department of Justice will receive comments relating to the Agreement.
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, and should refer to In re
Erving Industries, Inc., Case No. 09-30623 (Bankr. D. Mass) and D.J.
Ref. No. 90-11-3-1728/2. A copy of the comments should be sent to
Catherine Adams Fiske, Department of Justice, Environmental Enforcement
Section, One Gateway Center, Suite 616, Newton, MA 02458 or e-mailed to
her at [email protected].
The Agreement may be examined at the Office of the United States
Attorney, District of Massachusetts, 595 Main St 206,
Worcester, MA 01608-2025. During the public comment period, the
Agreement may also be examined on the following Department of Justice
website, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the
Agreement 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 of the Agreement from the
Consent Decree Library, please enclose a check in the amount of $2.75
(25 cents per page reproduction cost) payable to the U.S. Treasury (if
the request is by fax or email, forward a check to the Consent Decree
library at the address stated above).
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2010-32378 Filed 12-23-10; 8:45 am]
BILLING CODE 4410-15-P