[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Pages 26353-26354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12054]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Stipulation Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on April 30, 2003, a proposed 
Stipulation and Agreement in United States of America et al. v. The Ed 
Krewatch Partnership, et al., C.A. No. 01-660 (D. Del.), was lodged 
with the United States District Court for the District of Delaware.
    In this action the United States has sought to recover costs 
incurred by the United States Environmental Protection Agency (``EPA'') 
in 1996-1997, under Section 104(a) of the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (``CERCLA''), 42 
U.S.C. 9604(a), at the Drum Burial Area of the Krewatch Farm Site. The 
United States settled its claims against The Ed Krewatch Partnership 
and Anthony Nero in 2001 and simultaneously sued Gardner Asphalt 
Corporation (``GAC''), Raymond T. Hyer, Jr. (``Hyer''), and Emulsion 
Products Company (``Emulsion''). The Stipulation and Agreement will 
resolve the liability of GAC, Hyer and Emulsion for their liability 
under Section 107 of CERCLA, 42 U.S.C. 9607.
    The Krewatch Farm Site is located near Seaford, Delaware. EPA 
conducted a removal action at the Drum Burial Area of the Site to 
remove buried drums and soil which had become contaminated with 
hazardous substances. In settlement, Hyer and Emulsion have agreed to 
pay the sum of $300,000 over a five year period. Upon the District 
Court's approval of the Stipulation and Agreement, Hyer and Emulsion 
will receive a covenant not to sue from the United States. GAC will 
receive its covenant not to sue when the principal amount of the 
settlement and all accumulated interest have been paid. All defendants 
will receive contribution protection when the Stipulation and Agreement 
are approved by the Court. In the event Hyer and Emulsion fail to pay 
an installment, the United States has the right to seek entry of a 
judgment against them in the District Court, as soon as 10 days after 
the payment is due. The only defense to entry of judgment would be that 
payment has been made.
    Upon the District Court's approval of the Stipulation and 
Agreement, the United States will move to dismiss a declaratory 
judgment action filed in the United States Bankruptcy Court for the 
Southern District of Florida, in which the United States has been 
seeking declaratory rulings that the discharge of

[[Page 26354]]

debts GAC and Hyer received under a plan of reorganization confirmed in 
1993 does not bar the United States from pursuing its CERCLA claims 
against them.
    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 Agreement. Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611, and should refer to United States of America et al. v. The 
Ed Krewatch Partnership, et al., DJ No. 90-11-3-07224.
    The proposed Stipulation and Agreement may be examined at the 
office of the United States Attorney, District of Delaware, 1201 N. 
Market Street, Wilmington, DE and at the Region III Office of the 
Environmental Protection Agency, 1650 Arch St., Philadelphia, PA 19103. 
During the public comment period, the Stipulation and Agreement may 
also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/open.html. A copy of the Stipulation and 
Agreement may be obtained by mail from the Consent Decree Library, P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $7.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. In all 
correspondence, please refer to the case by its title and DOJ Ref. 
 90-11-3-07224.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-12054 Filed 5-14-03; 8:45 am]
BILLING CODE 4410-15-M