[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Page 3029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00596]



[[Page 3029]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Amended 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

    On January 9, 2013, the Department of Justice lodged a proposed 
Amended Consent Decree in United States v. the Atlas-Lederer Company, 
et al., Civil Action No. C-3-91-309 and a proposed Amended Stipulation, 
Settlement Agreement and Order in United States v. Larry Katz, et al., 
Civil Action No. 3:05-cv-0058, 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 proposed Amended 
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), and also resolves the United States' claim against Mr. 
Senser and his estate 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 $243,250.00 within 30 days of entry of the Consent Decree, and 
within 24 days thereafter will pay the United States any amount 
remaining in the estate following payment to the United States in the 
Katz case and the payment of certain documented attorneys' fees and 
expenses.
    The Amended 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 and the Federal Priority Act. 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, shall pay the United States $243,250.00 within 30 days of entry 
of the Amended Stipulation, Settlement Agreement and Order.
    While a prior Consent Decree and Stipulation of Settlement were 
lodged in these cases in March of 2012, it was subsequently determined 
that certain tax consequences attendant upon the liquidation of a 
pension plan in the estate meant that there were insufficient assets 
available to settle the United States' claims on the original basis and 
also provide for the widow of Mr. Senser and the expenses of his 
estate. The revised settlements in the two cases will recover at least 
$486,500 in response costs incurred by EPA at the Site. This is 
approximately $73,000 less than the settlement amount originally agreed 
to in the March 2012 Consent Decree and Stipulation, but will allow the 
Estate to pay certain previously incurred expenses and purchase an 
annuity to secure a lifetime monthly stipend for Mr. Senser's widow.
    The publication of this notice opens a period for public comment on 
the proposed Amended Consent Decree and the proposed Amended 
Stipulation, Settlement Agreement and Order. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. the Atlas-
Lederer Company, et al., D.J. Ref. 90-11-3-279B and United States v. 
Larry Katz, et al., D.J. Ref. 90-11-3-279/4. All comments must be 
submitted no later than thirty (30) days after the publication date of 
this notice. Comments may be submitted either by email or by mail:

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     To submit  comments:                    Send them to:
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By e-mail....................  [email protected].
By mail......................  Assistant Attorney General, U.S. DOJ--
                                ENRD, P.O. Box 7611, Washington, D.C.
                                20044-7611.
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    During the public comment period, the proposed Amended Consent 
Decree and the proposed Amended Stipulation, Settlement Agreement and 
Order may be examined and downloaded at this Justice Department Web 
site: http://www.usdoj.gov/enrd/Consent_Decrees.html. The Amended 
Stipulation is included as Appendix D to the Amended Consent Decree. We 
will provide a paper copy of the proposed Amended Consent Decree 
(including the Stipulation as an Appendix) upon written request and 
payment of reproduction costs. Please mail your request and payment to:

Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 
20044-7611.

    Please enclose a check or money order for $10.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-00596 Filed 1-14-13; 8:45 am]
BILLING CODE 4410-15-P