[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Page 51327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18945]


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DEPARTMENT OF JUSTICE


Notice of Filing Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA)

    Notice is hereby given that on or about July 21, 2004, a proposed 
Settlement Agreement in In re: Franklin Environmental Services, Inc., 
Case No. 02-17897-CJK, was filed pursuant to Fed. R. Bank. Proc. 9019 
with the United States Bankruptcy Court for the District of 
Massachusetts, Eastern Division.
    The proposed Settlement Agreement resolves a claim asserted in this 
Chapter 11 bankruptcy proceeding by the United States on behalf of the 
United States Environmental Protection Agency (``EPA'') for 
reimbursement of response costs incurred or to be incurred by EPA at 
the Beede Waste Oil Superfund Site (``Beede Site''), located in 
Plaistow, New Hampshire, from Franklin Environmental Services, Inc. 
(``Franklin''). The United States alleged Franklin was liable as a 
transporter under section 107(a)(4) of CERCLA, 42 U.S.C. 9606(a)(4).
    The United States and Franklin have agreed under the Settlement 
Agreement that the United States' claim shall be allowed as an 
Unsecured Claim in the amount of $346,737.17, and paid as a Class 3 
Unsecured Claim without discrimination in accordance with the terms of 
the Bankruptcy Plan.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to In re: Franklin Environmental Services, Inc., Case No. 02-
17897-CJK, D.J. Ref.  90-11-3-07039/6.
    The Settlement Agreement may be examined at the Office of the 
United States Attorney, United States Courthouse, One Courthouse Way, 
Boston, MA 02210, and at U.S. EPA New England--Region One, One Congress 
Street, Suite 1100, Boston, MA 02114-2023. During the public comment 
period, the Settlement Agreement, may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A 
copy of the Settlement Agreement may also 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 $2.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-18945 Filed 8-17-04; 8:45 am]
BILLING CODE 4410-15-M