[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Page 22266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Bankruptcy Settlement Agreement
Resolving Cost Recovery and Natural Resources Damages Claims Under
CERCLA
On April 13, 2021, the Department of Justice and the Bankruptcy
Trustee lodged a proposed Settlement Agreement (Settlement Agreement)
with the United States Bankruptcy Court for the Western District of
Washington, in the matter entitled In re TOC Holdings Co., Case No. 17-
11872-CMA.
The proposed Settlement Agreement will resolve claims against
Debtor TOC Holdings Co. (TOC) in connection with TOC's liability under
the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. 9601 et seq. (CERCLA), for releases and threatened
releases of hazardous substances at the Portland Harbor Superfund Site
in Portland, Oregon (the Site). These claims are further described in a
Proof of Claim filed on behalf of the United States Environmental
Protection Agency (EPA) for recovery of response costs incurred, and on
behalf of the Department of the Interior (DOI) and the National Oceanic
and Atmospheric Administration (NOAA) (DOI and NOAA, jointly, the
Federal Natural Resources Trustees) for damages to natural resources,
at the Site.
Under the proposed Settlement Agreement TOC Holdings Co., by its
Chapter 7 bankruptcy trustee, will allow, as general unsecured claims,
EPA's claim for CERCLA cost recovery in the amount of $19,256,160 (the
EPA allowed claim) and the Federal Natural Resources Trustees' CERCLA
claim for natural resources damages in the amount of $12,465,559 (the
NRD allowed claim).
The publication of this notice opens a period for public comment on
the proposed Settlement Agreement. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to In re TOC Holdings Co., D.J. Ref. No. 90-11-3-
11829. 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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
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. We will provide a paper copy of
the 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 $3.00 (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. 2021-08685 Filed 4-26-21; 8:45 am]
BILLING CODE 4410-15-P