[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76437-76438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31364]


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DEPARTMENT OF JUSTICE


Notice of Lodging of a Bankruptcy Settlement Agreement Pursuant 
to the Comprehensive Environmental Response, Compensation, and 
Liability Act

    Notice is hereby given that a proposed Bankruptcy Settlement 
Agreement between the debtors and the Environmental Protection Agency 
(hereinafter ``Bankruptcy Settlement Agreement'') in In re M.D. Moody & 
Sons, Inc., et al., Chap. 11, Jointly Administered under Case No. 3:09-
bk-6247, was lodged on or about November 30, 2011 (Docket No. 974), 
with the United States Bankruptcy Court for the Middle District of 
Florida, Jacksonville Division. The proposed Bankruptcy Settlement 
Agreement would resolve the United States' claims under Section 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA'') of 1980, 42 U.S.C. 9607, as amended, against the 
debtors related to unpaid response costs incurred by the Environmental 
Protection Agency in connection with the release of hazardous 
substances at the BCX Superfund Site (``Site'') in Jacksonville, 
Florida. EPA alleged that the debtors are liable as persons who, by 
contract, agreement, or otherwise, arranged for the disposal of 
hazardous substances at the Site. Under the proposed Bankruptcy 
Settlement Agreement, the debtors will pay the sum of $5,629.05 in full 
in cash within 30 days of Bankruptcy Court approval of the Bankruptcy 
Settlement Agreement. Pursuant to the Bankruptcy Settlement Agreement, 
the Debtors will receive a covenant not to sue from the United States 
on behalf of EPA for the Site and will receive protection from 
contribution actions or claims as provided by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2) for the matters addressed in the 
Bankruptcy Settlement Agreement.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Bankruptcy Settlement Agreement. Comments should be addressed 
to the Assistant Attorney General for the Environment and Natural 
Resources Division, Department of Justice, and either emailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 P.O. Box 7611, 
Washington, DC 20530, and should refer to In re M.D. Moody & Sons, 
Inc., et al., Chap. 11, Jointly

[[Page 76438]]

Administered under Case No. 3:09-bk-6247 (USBC M.D. Fla.), DOJ Ref. 
90-11-3-09152/2.
    The Bankruptcy Settlement Agreement may be examined at U.S. EPA 
Region 4, 61 Forsyth Street, Atlanta, GA 30303 (contact Stacey Haire, 
Esq. (404) 562-9676). During the public comment period, the Bankruptcy 
Settlement Agreement may also be examined on the following Department 
of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Bankruptcy Settlement Agreement may also be obtained by 
mail from the Consent Decree Library, U.S. Department of Justice, P.O. 
Box 7611, Washington, DC 20044-7611 or by faxing or emailing 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 refer to In re M.D. Moody & Sons, Inc., 
et al., Chap. 11, Jointly Administered under Case No. 3:09-bk-6247 
(USBC M.D. Fla.), DOJ Ref. 90-11-3-09152/2, and enclose a 
check in the amount of $17.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by email or fax, forward a check in 
that amount to the Consent Decree Library at the stated address.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2011-31364 Filed 12-6-11; 8:45 am]
BILLING CODE 4410-15-P