[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Notices]
[Pages 82389-82390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33056]
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DEPARTMENT OF JUSTICE
Notice of Consent Judgments Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
In accordance with Departmental Policy, 28 CFR 50.7, 38 Fed. Reg.
19029, and 42 U.S.C. 9622(d), notice is hereby given that two proposed
consent decrees in United States v. Champion Chemical Company, Inc.,
Imperial Oil Company, Inc., Emil Stevens and June Stevens, DOJ # 90-11-
2-946, Civ. No. 96-1521 (AET), were lodged in the United States
District Court for the District of New Jersey on December 7, 2000. The
consent decrees resolve or partially resolve the liability of
defendants Champion Chemical Company, Inc., Imperial Oil Company, Inc.,
Emil Stevens, and June Stevens under Sections 107(a) and 106(b) of the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA''), 42 U.S.C. 9607(a) and 9606(b), relating to the Imperial
Oil Company, Inc./Champion Chemical Superfund Site located in Marlboro
Township, Monmouth County, New Jersey (the ``Imperial Site''). The
consent decrees also resolve the liability of these settling defendants
under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for the Burnt Fly
Bog Superfund Site located within Marlboro Township and Old Bridge
Township, New Jersey (the ``Burnt Fly Bog Site'').
Under the proposed consent decree between the United States,
Champion Chemical Company, Inc. (``Champion''), Imperial Oil Company,
Inc. (``Imperial''), and the State of New Jersey, settling defendants
Champion and Imperial, based on their representations of a limited
ability to pay, will make payments toward reimbursement of the United
States' response costs for the Imperial Site and the Burnt Fly Bog
Site. These payments, totaling at least $1.375 million (additional
amounts are owed as a percentage of profits), will be deposited into
site special accounts for the Imperial Site and the Burnt Fly Bog Site
to fund future response actions. Settling defendants will also pay to
United States and/or to the State of New Jersey a portion of their
insurance recoveries
[[Page 82390]]
related to the sites and proceeds from the sale of property at the
Imperial Site. Additionally, Champion and Imperial will jointly pay the
sum of $75,000 as a civil penalty for violations of EPA's unilateral
administrative orders for the Imperial Site. In return, the United
States and the State will provide to Champion and Imperial covenants
not to sue as to (a) past response costs incurred in connection with
the Imperial Site and (b) past and future response costs incurred in
connection with the Burnt Fly Bog Site.
Under the proposed consent decree between the United States, Emil
Stevens and June Stevens, the settling defendants agree to pay to the
United States $300,000 toward the Imperial Site and $100,000 toward the
Burnt Fly Bog Site in reimbursement of response costs incurred in
connection with the two sites. These amounts will be deposited into
site special accounts for the Imperial Site and the Burnt Fly Bog Site
to fund future response actions. The settling defendants also agree to
limit their future involvement with, and income, from Champion and
Imperial. In return, the United States will provide to Emil and June
Stevens covenants not to sue as to past and future response costs
incurred in connection with the Imperial Site and the Burnt Fly Bog
Site.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, written comments relating to
the proposed consent decrees. 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 United States v. Champion Chemical Company, Inc., et al., DOJ # 90-
11-2-946. The proposed consent decrees may be examined at the Office of
the United States Attorney, District of New Jersey, 402 East State
Street, Room 502, Trenton, New Jersey 08608; and at the Region II
Office of the U.S. Environmental Protection Agency, 290 Broadway, New
York, New York 10278. Copies of the Consent Decree may be obtained by
mail from the Consent Decree Library, United States Department of
Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044. In
requesting a copy of the consent decree between the United States,
Champion, Imperial, and the State of New Jersey, please enclose a check
in the amount of $15.25 (25 cents per page reproduction costs) payable
to the Consent Decree Library. In requesting a copy of the consent
decree between the United States, Emil Stevens, and June Stevens,
please enclose a check in the amount of $11.00 (25 cents per page
reproduction costs) payable to the Consent Decree Library.
Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 00-33056 Filed 12-27-00; 8:45 am]
BILLING CODE 4410-15-M