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, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Page 78854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27056]


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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:

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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, D.C. 20044-7611.
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    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