[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7746-7747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02023]
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DEPARTMENT OF JUSTICE
Notice of Filing of Proposed Settlement Agreement Regarding
Environmental Claims in Connection With the Pioneer Metals Finishing
Superfund Site
On January 21, 2021 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 Pioneer
Metals Finishing 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 the Environmental Protection Agency (``EPA''),
acting by and through the United States Department of Justice
(``DOJ'').
The Settlement Agreement would resolve a proof of claim by the EPA
under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607, against
WEIC involving the insured Pioneer Metals Finishing Co., Inc.
(``Pioneer Metals'') at the Pioneer Metals Finishing Superfund Site.
EPA filed a proof of claim in the instant proceeding against WEIC
arising from policies of insurance that WEIC companies had issued to
Pioneer Metals based on liability for contamination at the Pioneer
Metals Finishing Superfund Site.
Under the Settlement Agreement, WEIC will pay to the United States
$1,200,000 million to the EPA. In consideration of this payment, upon
approval of the Settlement Agreement, the EPA covenants 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
Pioneer Metals or the EPA arising under CERCLA under the Policies
issued by the WEIC to Pioneer Metals, 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 February 24, 2021 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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[[Page 7747]]
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 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.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-02023 Filed 1-29-21; 8:45 am]
BILLING CODE 4410-15-P