[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44807-44808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18159]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as Amended

    Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and 
42 U.S.C. 9622(d), notice is hereby given that on June 27, 2000, a 
proposed Settlement Agreement In re CML, Inc., Case No. 98-49286-HJB 
(Bkr. D. Mass.), was lodged with the United States Bankpuptcy Court for 
the District of Massachusetts (Western Division). The proposed 
Settlement Agreement will resolve the United States' claims under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601, et

[[Page 44808]]

seq., on behalf of the U.S. Environmental Protection Agency (``EPA'') 
against CML Group, Inc. (the ``Debtor'') and its subsidiary OCR, Inc. 
(together, the ``Settling Parties'') relating to the Kearsarge 
Metallurgical Corporation (``KMC'') Superfund Site (the ``Site'') 
located in Conway, New Hampshire. The Complaint alleges that each 
defendant is liable under section 107(a) of CERCLA, 42 U.S.C. 9607(a).
    Pursuant to the Settlement Agreement, the Debtor's insurer agrees 
to reimburse to the Untied States $575,000 out of $1,700,000 in past 
response costs. In exchange, the United States covenants not to bring a 
civil action or take administrative action against the Settling 
Parties, or their predecessors, successors and assigns, pursuant to 
Sections 106 and 107 of CERCLA relating to the Site, or to file any 
Proof of Claim in the Debtor's bankruptcy proceedings, or to seek to 
obtain any payment from the Debtor's Estate, on account of any matter 
relating to the EPA claim for the Site. This covenant not to sue is 
conditioned upon the complete and satisfactory performance by the 
Settling Parties and their insurer of their obligations under this 
Settlement Agreement.
    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 Agreement. Any comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, PO Box 7611, Department of Justice, Washington, DC 20044-
7611, and should refer to, In re CML, Inc., Civil Action No. 98-49286 
HJB (Bkr. D. Mass.), D.J. Ref. 90-11-3-761/2.
    The proposed Settlement Agreement may be examined at the Office of 
the United States Attorney, District of Massachusetts, 1 Courthouse 
Way, Boston, MA 02210 and at Region I, Office of the Environmental 
Protection Agency, Superfund Records Center, One Congress Street, 
Boston, MA 02114. A copy of the proposed Settlement Agreement may also 
be obtained by mail from the Consent Decree Library, PO Box 7611, 
Washington, DC 20044-7611. In requesting a copy, please enclose a check 
(there is a 25 cent per page reproduction cost) in the amount of $2.00 
payable to the Consent Decree Library.

Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-18159 Filed 7-18-00; 8:45 am]
BILLING CODE 4410-15-M