[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Notices]
[Page 22073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11803]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and Section 
7003(D) of the Resource Conservation and Recovery Act

    Notice is hereby given that a proposed Settlement Agreement and 
Stipulated Order for Abandonment in In re Tonolli Corporation, Civil 
Action No. 5-86-00065, was lodged on March 6, 1996 with the United 
States Bankruptcy Court for the Middle District of Pennsylvania. The 
action arises out of the Tonolli Corporation Superfund Site in 
Nesquehoning, Pennsylvania, and resolves a dispute between the United 
States and one of Tonolli's creditors, Meridian Bank/Meridian Bancorp 
(``Meridian''), regarding which party had a priority security interest 
in the Tonolli property. Under the terms of the settlement, Meridian is 
assigning to EPA its security interest in the property of the Tonolli 
estate, giving the United States a priority security interest in this 
property. In exchange, the United States covenants not to sue Meridian 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601 et seq. and Section 7003 of the 
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6973. The 
proposed settlement also provides that Meridian will be entitled to 
contribution protection to the extent provided in Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2).
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed settlement. If requested, the Department will also provide a 
public meeting in the affected area, pursuant to Section 7003(d) of 
RCRA, 42 U.S.C. 6973(d). Comments and requests should be addressed to 
the Assistant Attorney General for the Environment and Natural 
Resources Division, Department of Justice, Washington, D.C. 20530, and 
should refer to In re Tonolli Corporation, DOJ Ref. 90-7-2-174C.
    The proposed consent decree may be examined and copied at the 
Office of the United States Attorney, Middle District of Pennsylvania, 
Middle District of Pennsylvania, Federal Building, Suite 1162, 228 
Walnut Street, Harrisburg, Pennsylvania 17108; the Region III Office of 
the Environmental Protection Agency, Office of Regional Counsel, 841 
Chestnut Building, Philadelphia, Pennsylvania 19107; and at the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. 
A copy of the proposed settlement may be obtained in person or by mail 
from the Consent Decree Library, 1120 G Street, N.W., 4th Floor, 
Washington, D.C. 20005, 202-624-0892. In requesting a copy, please 
refer to the referenced case (In re Tonolli Corp., DOJ Case No. 90-7-2-
174C) and enclose a check in the amount of $3.75 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 96-11803 Filed 5-10-96; 8:45 am]
BILLING CODE 4410-01-M