[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Page 26044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10588]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
and Proposed Stipulation, Settlement Agreement and Order Under the 
Federal Debt Collection Procedure Act and The Federal Priority Act

    Notice is hereby given that on April 25, 2012, a proposed Consent 
Decree in United States v. the Atlas-Lederer Company, et al., Civil 
Action No. C-3-91-309, and a proposed Stipulation, Settlement Agreement 
and Order in United States v. Larry Katz, et al., Civil Action No. 
3:05-cv-0058, were lodged with the United States District Court for the 
Southern District of Ohio.
    In Atlas-Lederer, the United States sought reimbursement of 
response costs in connection with the United Scrap Lead Superfund Site 
in Troy, Miami County, Ohio (``the Site''). The Consent Decree resolves 
the United States' claims against a defunct scrap metal company, Senser 
Metal Company, and its deceased owner and operator, Saul Senser, under 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), as well 
as resolves the United States' claim against Mr. Senser under Ohio 
``veil piercing'' law. This is an ``ability-to-pay'' settlement based 
on financial analyses conducted by the Department's Antitrust Corporate 
Finance Unit. Senser Metal and Mr. Senser's Estate (represented by 
Kenneth Senser as the Executor the Estate of Saul Senser) will pay the 
United States $279,750 within 30 days of entry of the Consent Decree. 
The Consent Decree also resolves the United Scrap Lead Respondent 
Group's (``Respondent Group'') CERCLA claims against Senser Metal 
Company for response costs incurred by the Respondent Group in cleaning 
up the Site under an earlier Consent Decree. The settling Senser 
defendants will pay the Respondent Group $21,500 within 30 days of 
entry of the Consent Decree.
    In Katz, the United States filed suit against Mr. Senser and other 
defendants seeking to recover funds under the Federal Debt Collection 
Procedures Act, 28 U.S.C. 3006 and 3307, and the Federal Priority Act, 
31 U.S.C. 3713(a). In its complaint, the United States alleged, among 
other things, that Mr. Senser liquidated the assets of Senser Metal 
Company and fraudulently diverted a portion of the proceeds to himself. 
To resolve this claim, the Estate of Saul Senser, together with Kenneth 
Senser in his capacity as Executor of the Estate, will pay the United 
States $279,750 within 30 days of entry of the Stipulation, Settlement 
Agreement and Order.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
settlement embodied in the proposed Consent Decree and the proposed 
Stipulation, Settlement Agreement and Order. 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 United States v. the Atlas-Lederer 
Company, et al., D.J. Ref. 90-11-3- 279B and or United States v. Larry 
Katz, et al., D.J. Ref. 90-11-3-279/4.
    The proposed Consent Decree and the proposed Stipulation, 
Settlement Agreement and Order may be examined at the Office of the 
United States Attorney, Southern District of Ohio, Federal Building 
Room 602, 200 West Second Street, Dayton, Ohio, and at U.S. EPA Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604. During the 
public comment period, both documents may also be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Consent Decree and the 
proposed Stipulation, Settlement Agreement and Order 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 $9.25 (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.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-10588 Filed 5-1-12; 8:45 am]
BILLING CODE 4410-15-P