[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Page 11159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4350]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on February 9, 2012, a proposed 
Settlement Agreement (the ``Agreement'') in In re: Wood Treaters, LLC, 
Bankruptcy Case No. 3:09-bk-01895-PMG, was lodged with the United 
States Bankruptcy Court for the Middle District of Florida.
    In this Chapter 7 bankruptcy case, the United States filed a claim 
for administrative expenses seeking payment under Section 107(a)(1) and 
(2) of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9607(a)(1) and (2), of past and 
future costs incurred by the U.S. Environmental Protection Agency 
(``EPA'') for environmental response activities related to the releases 
and threatened releases of hazardous substances from the Fairfax Street 
Wood Treaters Site, located at 2610 Fairfax Street in Jacksonville, 
Duvall County, Florida. The Site was formerly operated by Debtor Wood 
Treaters, LLC. Under the Agreement between the United States, on behalf 
of EPA, and the Chapter 7 Trustee, EPA covenants not to take 
administrative or civil action against the Debtor or Trustee pursuant 
to CERCLA Sections 106 or 107, 42 U.S.C. 9606 or 9607, subject to 
certain reservations of rights. In exchange, the United States, on 
behalf of EPA, shall have an allowed priority claim for administrative 
expenses of $4,352,672. Further, the Trustee shall pay the United 
States $70,000; pay the United States 25% of certain net proceeds 
retained from the recovery of pre-Chapter 7 conversion accounts 
receivable and from recovery claims under 11 U.S.C. 549; and assign to 
EPA all rights to insurance claims proceeds that the Trustee may 
collect on any insurance policy relating to environmental liability for 
the Site. To the extent that the aforementioned sums are insufficient 
to satisfy EPA's allowed priority claim, the unpaid balance shall be 
converted to and allowed as a general nonpriority unsecured claim.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either emailed 
to [email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
In re: Wood Treaters, LLC, D.J. Ref. 90-11-3-10194.
    During the public comment period, the Agreement may also be 
examined on the following Department of Justice Web site, at 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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the amount of $5.50 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-4350 Filed 2-23-12; 8:45 am]
BILLING CODE 4410-15-P