[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Notices]
[Pages 35423-35424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15610]
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DEPARTMENT OF JUSTICE
Notice of Filing of Proposed Settlement Agreement Regarding
Environmental Claims in Connection With the Raritan Bay Slag Superfund
Site
On July 16, 2019, a Notice of Motion was filed in the Superior
Court for the State of California for the County of San Francisco in
the proceeding entitled Insurance Commissioner of the State of
California vs. Western Employers Insurance Company, et al., Case No.
CPF-97-984281. The Motion will seek court approval of the Raritan Bay
Slag Superfund Site Settlement Agreement between the Insurance
Commissioner of the State of California (``Commissioner''), in his
capacity as the liquidator of the Western Employers Insurance Company
(``WEIC''), and Old Bridge Township, the United States Department of
the Interior (``DOI''), Environmental Protection Agency (``EPA''), and
National Oceanic and Atmospheric Agency (``NOAA'') (collectively
referred to as ``the Federal Claimants''), acting by and through the
United States Department of Justice (``DOJ'').
The Settlement Agreement would resolve a proof of claim by the
Federal Claimants under Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607,
against WEIC involving the insured Township of Old Bridge, New Jersey
at the Raritan Bay Slag Superfund Site. The Federal Claimants filed a
proof of claims in the instant proceeding against WEIC arising from
policies of insurance that WEIC companies had issued to Old Bridge
based on liability for contamination at the Raritan Bay Slag Superfund
Site.
Under the Settlement Agreement, WEIC will pay to the United States
$2,200,000 million to be allocated among the federal claimants as
follows:
a. $1.76 million to EPA. The total amount paid to EPA shall be
deposited by EPA in the Raritan Bay Slag Site Special Account to be
retained and used to conduct or finance response actions at or in
connection with the Site, or to be transferred by EPA to the EPA
Hazardous Substance Superfund.
b. $440,000 to DOI and NOAA.
In consideration of this payment, upon approval of the Settlement
Agreement, the Federal Claimants covenant not to file a civil action
against the Insurance Commissioner, the California Department of
Insurance, the California Conservation and Liquidation Office and WEIC
with respect to all liabilities and obligations to Old Bridge or the
Federal or the Federal Claimants arising under CERCLA under the
Policies issued by the WEIC to Old Bridge, whether such liabilities and
obligations are known or unknown, reported or unreported, and whether
currently existing or arising in the future. The Settlement Agreement
is conditioned upon court approval. The Commissioner will appear at a
hearing to present the motion seeking approval the Settlement Agreement
on August 19, 2019 at 9:30 a.m. in Department 302 of the San Francisco
County Superior Court located at 400 McAllister Street, San Francisco,
California 94102.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to Insurance Commissioner of the State of California v.
Western Employers Insurance Company, et al., D.J. Ref. No. 90-11-3-
10954/2. 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 Settlement Agreement may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. Alternatively, a paper copy of
the Settlement Agreement will be provided
[[Page 35424]]
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 $2.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-15610 Filed 7-22-19; 8:45 am]
BILLING CODE 4410-15-P