[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Page 28857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13165]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Bankruptcy Settlement Agreement
Under the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA)
On June 12, 2019, the Debtors lodged a proposed Bankruptcy
Settlement Agreement with the United States Bankruptcy Court for the
Western District of North Carolina in the bankruptcy proceeding of
Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc.
(collectively, the ``Debtors''), jointly administered at Case No. 16-
31602, [Docket No. 1719]. A fully executed version of the proposed
Bankruptcy Settlement Agreement was lodged on June 17, 2019, [Docket
No. 1735].
The proposed Bankruptcy Settlement Agreement resolves certain
claims on behalf of the United States Environmental Protection Agency
asserted against the Debtors under the Comprehensive Environmental
Response, Compensation and Liability Act (``CERCLA'') for costs
incurred and to be incurred by the United States in connection with 5
parcels of property formerly owned and operated by the Debtors. Under
the proposed Bankruptcy Settlement Agreement EPA will have an allowed
general unsecured claim of $3.25 million for the Lower Duwamish
Waterway Site (``LDW Site'') in Seattle, Washington. In addition, the
proposed Bankruptcy Settlement resolves Natural Resource Damage claims
against Debtors related to the Lower Duwamish River, on behalf of the
United States Department of Interior (``DOI'') and the National Oceanic
and Atmospheric Administration (``NOAA''), for an allowed general
unsecured claim of $1 million.
The Settlement Agreement includes certain covenants not to sue
under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 or 9607, with
respect to the LDW Site. DOI and NOAA are providing a covenant not to
sue under Section 107 of CERCLA, 42 U.S.C. 9607 with respect to the
Lower Duwamish River.
The publication of this notice opens a period for public comment on
the Bankruptcy Settlement Agreement. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to In re Kaiser Gypsum Company, Inc., D.J.
Ref. No. 90-11-3-11737 and 90-11-3-11737/1. 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 email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Bankruptcy Settlement
Agreement may be examined and downloaded at this Justice Department
website: https://www.justice.gov/enrd/consent-decrees. We will provide
a paper copy of the Bankruptcy Settlement Agreement 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 $8.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-13165 Filed 6-19-19; 8:45 am]
BILLING CODE 4410-15-P