[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Notices]
[Pages 42267-42268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20687]


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DEPARTMENT OF JUSTICE

Notice of Filing of Settlement Stipulation and Clarifying 
Amendment, Regarding Matters Relating to Alleged Violations of 
Standards Regulating Underground Storage Tanks

    In accordance with Departmental policy, notice is hereby given that 
a proposed Environmental Cleanup Settlement Stipulation 
(``Stipulation'') in In re Yellow Cab Cooperative Association (``Yellow 
Cab''), Bankr. No. 93-23733 (D.Colo.), was filed on April 25, 1996, 
with the United States Bankruptcy Court for the District of Colorado. 
The Bankruptcy Court's approval of the Stipulation is subject to action 
by the United States in response to any comments which may be received 
from the public during a thirty day public comment period, required 
under 28 CFR 50.7, which commences with publication of this Notice. The 
parties to the Stipulation, Yellow Cab (``Debtor'') and the United 
States, have also entered into a Clarifying Amendment to Environmental 
Cleanup Settlement Stipulation. The Clarifying Amendment was filed with 
the Bankruptcy Court on July 31, 1996, and is also subject to public 
comment. The United States has entered into the Stipulation and 
Clarifying Amendment on behalf of the United States Environmental 
Protection Agency (``EPA'').
    The Stipulation and Clarifying Amendment resolve an adversary

[[Page 42268]]

complaint and application for the allowance of an unliquidated 
administrative priority claim filed by the United States against the 
Debtor as the result of Debtor's alleged violations of standards 
regulating the usage and closure of underground storage tanks 
(``USTs''), found at 40 CFR Part 280 and promulgated under Section 9003 
of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 
Sec. 6991b. Under the Stipulation and Clarifying Amendment, Debtor is 
required to escrow $400,000 which will be used to: remove seven USTs at 
Debtor's property, properly dispose of the USTs and any residual 
contents remaining in them, conduct a site assessment (to be reviewed 
by EPA and two Colorado agencies) and, if necessary, perform corrective 
action. If the site assessment suggests that corrective action likely 
will cost more than $400,000, Debtor is to focus its corrective action 
efforts upon cleaning up petroleum based contamination. If it develops 
that less than $400,000 is needed to abate the UST violations, the 
unused funds will be returned to Debtor's estate for the benefit of the 
unsecured creditors. In the event that EPA, Colorado authorities, and 
Debtor's consultant are not able to agree within nine months of the 
entry of the Stipulation on all terms of any necessary corrective 
action plan, Debtor would perform corrective action according to the 
draft plan most acceptable to EPA.
    The Clarifying Amendment states that Debtor (or any trustee 
appointed to liquidate Debtor's assets under Chapter 11 of the 
Bankruptcy Code, or any Chapter 7 trustee of the Debtor's estate) could 
be liable for contamination of Debtor's property that occurred after 
the date that the Stipulation was filed with the Court and that the 
Stipulation does not resolve or affect in any way any criminal 
liability which may exist under any federal statute. Further, the 
Clarifying Amendment states that the United States waives and withdraws 
its general unsecured claim for civil penalties in the approximate 
amount of $48,000.
    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 Clarifying Amendment. 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 In re Yellow Cab Cooperative Association, 
DOJ Ref. # 90-7-1-761.
    The proposed Stipulation and Clarifying Amendment may be examined 
at the Office of the United States Attorney, 1961 Stout Street, Suite 
1100, Denver, CO 80294; the Region VIII Office of the Environmental 
Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202; 
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 Clarifying Agreement may be obtained in person or by 
mail from the Consent Decree Library, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005. The Stipulation and Clarifying Amendment total 20 
pages altogether. The Exhibits to the Clarifying Amendment total 30 
pages. To obtain a copy of the Stipulation and Clarifying Amendment 
without the Exhibits, please refer to the referenced case and enclose a 
check in the amount of $5.00 (25 cents per page reproduction costs), 
payable to the Consent Decree Library. To obtain the Exhibits in 
addition to the Stipulation and Clarifying Amendment, please enclose a 
total of $12.50.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 96-20687 Filed 8-13-96; 8:45 am]
BILLING CODE 4410-01-M