[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81311-81312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32378]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation and Liability Act and Chapter 11 
of the United States Bankruptcy Code

    Notice is hereby given that on December 20, 2010, a proposed 
Settlement Agreement (``Agreement'') in In re Erving Industries, Inc., 
Case No. 09-30623 (Bankr. D. Mass), was lodged with the United States 
Bankruptcy Court for the District of Massachusetts. The Agreement was 
entered into by the United States, on behalf of the United States 
Environmental Protection Agency (``EPA'') and the United States Army 
Corps of Engineers (the ``Corps''), and Erving Industries, Inc. 
(``Debtor''). The Agreement relates to liabilities of the Debtor under 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, 42 U.S.C. 9601 et seq. (``CERCLA'').
    The Agreement provides that the Past Response Cost Claim shall be 
allowed as an unsecured claim in the amount of $25,000, and paid as an 
unsecured claim in accordance with the terms of the Debtor's plan of 
reorganization.
    This Agreement does not preclude: (a) Claims against the Debtor by 
the United States under Section 107 of CERCLA, 42 U.S.C. 9607, for 
recovery of response costs incurred after January 15, 2010 with respect 
to response actions taken at Debtor-Owned Property, the Mill, and/or 
the Birch Hill Dam Area including such response actions taken to 
address hazardous substances that have migrated or that may migrate 
from such Debtor-Owned Property, and/or the Mill, including but not 
limited to the Birch Hill Dam Area; and (b) Actions against the Debtor 
by the United States under CERCLA or RCRA seeking to compel the 
performance of a removal action, remedial action, corrective action, 
closure or any other cleanup action at Debtor-Owned Property, and/or 
the Mill, including actions to address hazardous substances that have 
migrated, or that may migrate, from such Debtor-Owned Property, and/or 
the Mill, including but not limited to the Birch Hill Dam Area. The 
Debtor further agrees that such claims are not discharged or impacted 
in any way by the bankruptcy proceeding or confirmation of plan of 
reorganization. The United States has available to it all avenues to 
pursue such enforcement actions, and both parties reserve all defenses 
and counterclaims, except those provided under the Bankruptcy Code.
    Under the Agreement, the Debtor must comply with all obligations 
under the 2007 Consent Decree entered in United States v. Baldwinville 
Products, Inc., et.al. (C.A. No. 4:07-CV-40146) (D. Mass.). These 
obligations are not effected in any way by this bankruptcy proceeding 
or confirmation of a plan of reorganization.
    Under the Agreement, the United States covenants not to bring civil 
or administrative actions against the Debtor pursuant to Section 107 of 
CERCLA relating to Past Response

[[Page 81312]]

Costs. This covenant not to sue is conditioned upon the complete and 
satisfactory performance by the Debtor of its obligations under the 
Agreement. The covenant not to sue applies only to the Debtor and does 
not prevent the United States from suing other persons. Additionally, 
the covenant not to sue is limited to Section 107 actions under CERCLA 
related to Past Response Costs; the United States reserves its rights 
to all other claims against the Debtor. The Debtor also covenants not 
to sue or to assert any claims against the United States with respect 
to Past Response Costs.
    For a period of 30 days from the date of this publication, the 
Department of Justice will receive comments relating to the Agreement. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044, and should refer to In re 
Erving Industries, Inc., Case No. 09-30623 (Bankr. D. Mass) and D.J. 
Ref. No. 90-11-3-1728/2. A copy of the comments should be sent to 
Catherine Adams Fiske, Department of Justice, Environmental Enforcement 
Section, One Gateway Center, Suite 616, Newton, MA 02458 or e-mailed to 
her at [email protected].
    The Agreement may be examined at the Office of the United States 
Attorney, District of Massachusetts, 595 Main St  206, 
Worcester, MA 01608-2025. During the public comment period, the 
Agreement may also be examined on the following Department of Justice 
website, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 
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 of the Agreement from the 
Consent Decree Library, please enclose a check in the amount of $2.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury (if 
the request is by fax or email, forward a check to the Consent Decree 
library at the address stated above).

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-32378 Filed 12-23-10; 8:45 am]
BILLING CODE 4410-15-P