[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Pages 5997-5998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-542]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Under the Clean Air Act

    Notice is hereby given that on January 29, 2007, a proposed 
Stipulation and Order (``the Stipulation'') in In re Westwood Chemical 
Corp., Docket No. 05-B-35298 (CGM), and Banner v. HSBC Bank, National 
Association, et al., Adversary Proceeding No. 06-09061 (CGM), was 
lodged with the United States Bankruptcy Court for the Southern 
District of New York.
    In this action the United States, on behalf of the Environmental 
Protection Agency (``EPA''), filed an administrative claim for expenses 
incurred in a CERCLA response action performed at the Debtor Westwood 
Chemical Corporation's Site, 46 Tower Road, Middletown, New York 10941, 
in Orange County, where Debtor manufactured chemicals. After EPA's 
response action concluded, the Bankruptcy Trustee sold the Westwood

[[Page 5998]]

Site, including all real property, machinery, and equipment, for a cash 
payment of $3 million. Under the Stipulation, the Trustee will disburse 
the $3 million in sale proceeds as follows: EPA will receive $1.25 
million, in full settlement of its administrative claim; the State of 
New York will receive $40,000; HSBC Bank will receive $750,000; the 
Town of Wallkill and County of Orange will collectively receive 
$275,000; Eleanor Koch will receive $62,500; Rider, Weiner, Frankel & 
Calhelha, PC, will receive $41,750, with the remainder to be released 
to the Trustee to pay administrative expenses as authorized by the 
Court. The Stipulation also provides that, in consideration of the 
payments made pursuant to the Stipulation, the United States on behalf 
of EPA covenants not to bring a civil action or take administrative 
action against the Debtor's estate, the Trustee, and/or HSBC Bank 
pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
relating to the Westwood Site. The Stipulation also provides to the 
Debtor's estate, the Trustee, and/or HSBC Bank protection from 
contribution actions or claims as provided by CERCLA Section 113(f)(2), 
42 U.S.C. 9613(f)(2), for matters addressed in the Stipulation. In 
addition, the Debtor's Estate, the Trustee, and HSBC Bank covenant not 
to sue or assert causes of action against the United States with 
respect to the Westwood Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Stipulation. 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 Westwood Chemical Corporation, and/or Banner v. HSBC Bank, 
National Association, et al., D.J. Ref. 90-11-2-08602.
    The Stipulation may be examined at the Office of the United States 
Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and 
at U.S. EPA Region II, 290 Broadway, New York, New York 10007. During 
the public comment period, the Stipulation may also be examined on the 
following Department of Justice Web site http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Stipulation 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 $4.75 (25 cents per page reproduction cost) payable to the 
U.S. Treasury or, if by e-mail or fax, forward a check in that amount 
to the Consent Decree Library at the stated address.

Ronald G. Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-542 Filed 2-7-07; 8:45 am]
BILLING CODE 4410-15-M