[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17720]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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DEPARTMENT OF JUSTICE
 

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environment Response, Compensation, and Liability Act

    Notice is hereby given that a proposed Stipulation and Order of 
Settlement and Dismissal (``Stipulation'') in Manville Corp. v. United 
States, Civil Action No. 91 Civ. 6683 (RWS), was lodged on June 24, 
1994 with the United States District Court for the Southern District of 
New York. Under the Stipulation, Manville Corp. (``Manville'') agrees 
to make cash payments totalling $1,670,869 to resolve its liability, 
and those of certain related corporations, for response costs and, as 
to certain of the sites, natural resource damages, under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C., Sec. 9601 et. seq., at the following sites: 
the Commercial Oil Site in Oregon, Ohio; the Compass Industries Site in 
Tulsa, Oklahoma; the Great Lakes Asphalt Site in Zionsville, Indiana; 
the Lowry Landfill Site in Arapahoe County, Colorado; the Operating 
Industries Site in Monterey Park, California; the Petrochem/Ecotek Site 
in Salt Lake City, Utah; the Seymour Recycling Site in Seymour, 
Indiana; the Yellow Water Road Site in Baldwin, Florida; the Coalinga 
Site in Fresno County, California; the Union Chemical Site in South 
Hope, Maine; the Roebling Steel Site in Florence Township, New Jersey; 
and the Ellis Road Site in Jacksonville, Florida.
    The Stipulation also provides that, notwithstanding the discharge 
that Manville and related corporations received as a result of the 
confirmation of plans of reorganization on December 22, 1986 in Chapter 
11 bankruptcy proceedings, Manville will agree to make certain 
payments, calculated pursuant to provisions and procedures set forth in 
the Stipulation, to resolve any liabilities it may have under CERCLA 
with respect to sites not owned or operated by Manville subsequent to 
confirmation of the plans of reorganization, arising from certain 
activities that Manville engaged in prior to the confirmation of the 
plans of reorganization. In exchange, the United States agrees not to 
pursue Manville with respect to such liabilities, except pursuant to 
the procedures set forth in the Stipulation. With respect to sites 
owned or operated by Manville subsequent to the confirmation of the 
plans of reorganization, the Stipulation provides that any CERCLA 
liability of Manville will be unaffected by the Chapter 11 bankruptcy 
proceedings.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Stipulation and Order of Settlement and Dismissal. 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 Manville Corp. v. United 
States, 91 Civ. 6683 (RWS), DOJ Ref. No. 90-11-3-90D.
    The proposed Stipulation and Order of Settlement and Dismissal may 
be examined at the office of the United States Attorney, for the 
Southern District of New York, 100 Church Street, New York, New York 
10007; the Region II Office of the Environmental Protection Agency, 26 
Federal Plaza, New York, New York 10278; and at the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, (202) 
624-0892. A copy of the proposed Stipulation and Order of Settlement 
and Dismissal may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In 
requesting a copy please refer to the referenced case and enclose a 
check in the amount of $13.00 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-17720 Filed 7-20-94; 8:45 am]
BILLING CODE 4410-01-M