81 FR 78854 - Notice of Lodging of Proposed Consent Decree Under The Comprehensive Environmental Response, Compensation and Liability Act
DEPARTMENT OF JUSTICE Federal Register Volume 81, Issue 217 (November 9, 2016)
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78854-78854 | |
| FR Document | 2016-27056 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Notices] [Page 78854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27056] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under The Comprehensive Environmental Response, Compensation and Liability Act On November 3, 2016, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Virginia in the lawsuit entitled United States v. Poor Charlie and Company, Civil Action No. 1:16-CV-00043. The proposed Consent Decree will resolve claims alleged under the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'') against Poor Charlie and Company (``Poor Charlie'') for costs incurred in responding to releases and threatened releases of hazardous substances at the Twin Cities Iron and Metal Site (the ``Site'') located in Bristol, Virginia. The Consent Decree is based on Poor Charlie's limited ability to pay. Under the proposed Consent Decree, Poor Charlie: (1) Consents to entry of judgment against it in the amount of $3,401,833.31, and (2) assigns the rights to any proceeds from its insurance policies to the United States. In addition, Poor Charlie commits to creating an environmental trust for the benefit of the United States and West Virginia, to which Poor Charlie and all of its assets will be transferred. Under the environmental trust, Poor Charlie will direct its assets toward remediating certain properties it owns in West Virginia, and then distribute any remaining assets as specified in the trust agreement and the Consent Decree. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Poor Charlie and Company, D.J. Ref. No. 90-11-3-10712/1. 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: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By email............................ [email protected]. By mail............................. Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, D.C. 20044-7611. ------------------------------------------------------------------------ During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree 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 $26.50 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $8.00. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016-27056 Filed 11-8-16; 8:45 am] BILLING CODE 4410-15-P
![78854 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices
by either the public or BPI service list), United States v. Poor Charlie and BKK Sanitary Landfill Site in West
and a certificate of service must be Company, D.J. Ref. No. 90–11–3–10712/ Covina, California. All three defendants
timely filed. The Secretary will not 1. All comments must be submitted no signed the consent decree. JPMorgan
accept a document for filing without a later than thirty (30) days after the Chase Bank N.A. agrees to pay $1
certificate of service. publication date of this notice. million of the United States’ response
Authority: This investigation is being Comments may be submitted either by costs on behalf of all three defendants.
conducted under authority of title VII of the email or by mail: In return, the United States agrees not
Tariff Act of 1930; this notice is published to sue the defendants under sections
pursuant to section 207.21 of the To submit 106 and 107(a) of CERCLA or under
Send them to:
Commission’s rules. comments:
section 7003 of the Resource
By order of the Commission. By email ....... pubcomment-ees.enrd@ Conservation and Recovery Act. The
Issued: November 3, 2016. usdoj.gov. consent decree provides that the United
Lisa R. Barton, By mail ......... Assistant Attorney General, States’ agreement not to sue the
U.S. DOJ—ENRD, P.O. defendants is also conditioned on
Secretary to the Commission.
Box 7611, Washington, JPMorgan Chase Bank N.A.’s payment of
[FR Doc. 2016–27016 Filed 11–8–16; 8:45 am] D.C. 20044–7611.
BILLING CODE 7020–02–P
$85 million to be directed toward
During the public comment period, cleanup of the Site under a separate
the Consent Decree may be examined pending consent decree it signed with
DEPARTMENT OF JUSTICE and downloaded at this Justice the California Department of Toxic
Department Web site: https:// Substances Control in a separate case
Notice of Lodging of Proposed www.justice.gov/enrd/consent-decrees. relating to the BKK Sanitary Landfill
Consent Decree Under The We will provide a paper copy of the Site, California Department of Toxic
Comprehensive Environmental Consent Decree upon written request Substances Control and the California
Response, Compensation and Liability and payment of reproduction costs. Toxic Substances Control Account v.
Act Please mail your request and payment American Honda Motor Co., Inc., et al.,
to: Consent Decree Library, U.S. DOJ— Civil Action No. 05–cv–07746.
On November 3, 2016, the Department ENRD, P.O. Box 7611, Washington, DC The publication of this notice opens
of Justice lodged a proposed Consent 20044–7611. a period for public comment on the
Decree with the United States District Please enclose a check or money order consent decree. Comments should be
Court for the Western District of for $26.50 (25 cents per page addressed to the Assistant Attorney
Virginia in the lawsuit entitled United reproduction cost) payable to the United General, Environment and Natural
States v. Poor Charlie and Company, States Treasury. For a paper copy Resources Division, and should refer to
Civil Action No. 1:16–CV–00043. without the exhibits and signature
The proposed Consent Decree will United States v. JPMorgan Chase Bank,
pages, the cost is $8.00. N.A., et al., D.J. Ref. No. 90–11–3–
resolve claims alleged under the
Comprehensive Environmental Robert Brook, 10782. All comments must be submitted
Response, Compensation and Liability Assistant Section Chief, Environmental no later than thirty (30) days after the
Act (‘‘CERCLA’’) against Poor Charlie Enforcement Section, Environment and publication date of this notice.
and Company (‘‘Poor Charlie’’) for costs Natural Resources Division. Comments may be submitted either by
incurred in responding to releases and [FR Doc. 2016–27056 Filed 11–8–16; 8:45 am] email or by mail:
threatened releases of hazardous BILLING CODE 4410–15–P
substances at the Twin Cities Iron and To submit Send them to:
comments:
Metal Site (the ‘‘Site’’) located in Bristol,
Virginia. The Consent Decree is based DEPARTMENT OF JUSTICE
By email ....... pubcomment-ees.enrd@
on Poor Charlie’s limited ability to pay. usdoj.gov.
Notice of Lodging of Proposed
Under the proposed Consent Decree, By mail ......... Assistant Attorney General,
Consent Decree Under the
Poor Charlie: (1) Consents to entry of U.S. DOJ—ENRD, P.O.
Comprehensive Environmental
judgment against it in the amount of Box 7611, Washington, DC
Response, Compensation and Liabilty 20044–7611.
$3,401,833.31, and (2) assigns the rights
Act
to any proceeds from its insurance
policies to the United States. In On November 1, 2016, the Department Under section 7003(d) of RCRA, a
addition, Poor Charlie commits to of Justice lodged a proposed consent commenter may request an opportunity
creating an environmental trust for the decree with the United States District for a public meeting in the affected area.
benefit of the United States and West Court for the Central District of
During the public comment period,
Virginia, to which Poor Charlie and all California in the lawsuit entitled United
the consent decree may be examined
of its assets will be transferred. Under States v. JPMorgan Chase Bank, N.A., et
and downloaded at this Justice
the environmental trust, Poor Charlie al., Civil Action No. 16–cv–08127.
The United States filed this lawsuit Department Web site: https://
will direct its assets toward remediating
under the Comprehensive www.justice.gov/enrd/consent-decrees.
certain properties it owns in West
Environmental Response, Compensation We will provide a paper copy of the
Virginia, and then distribute any
and Liability Act (CERCLA). The United consent decree upon written request
sradovich on DSK3GMQ082PROD with NOTICES
remaining assets as specified in the trust
States’ complaint names JPMorgan and payment of reproduction costs.
agreement and the Consent Decree.
The publication of this notice opens Chase Bank, N.A., WMI Liquidating Please mail your request and payment
a period for public comment on the Trust, and WMI Rainier LLC. The to: Consent Decree Library, U.S. DOJ—
Consent Decree. Comments should be complaint requests recovery of costs ENRD, P.O. Box 7611, Washington, DC
addressed to the Assistant Attorney that the United States incurred 20044–7611.
General, Environment and Natural responding to releases and threatened Please enclose a check or money order
Resources Division, and should refer to releases of hazardous substances at the for $9.25 (25 cents per page
VerDate Sep<11>2014 16:29 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/81_FR_79071/page/1.svg)
Document Created: 2016-11-09 01:39:31
Document Modified: 2016-11-09 01:39:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 78854 |
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