[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19127-19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8149]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on March 31, 2011, a proposed
Settlement Agreement in In re Exide Technologies et al., No. 02-
11125(KJC) (Bankr. D. Del.), was lodged with the United States
Bankruptcy Court for the District of Delaware. In this bankruptcy
matter the United States, on behalf of the Environmental Protection
Agency, sought reimbursement of response costs incurred pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'') in connection with 21 Superfund sites, and on behalf of
the National Oceanic and Atmospheric Administration the United States
sought natural resource damages under CERCLA for two sites. The
Settlement Agreement between the United States and the Debtor, Exide
Technologies, and certain of its Debtor affiliates, including Exide
Illinois, Inc., Exide Delaware, LLC, RBD Liquidation, LLC, Dixie Metals
Company, and Refined Metals Corporation, resolves Exide's liability to
the United States' for response costs under Section 107(a) of CERCLA,
42 U.S.C. 9607(a), and Exide's liability under Section 6973 of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, for
the following 21 sites: (1) Hamburg Lead Superfund Site, Hamburg, PA
(03BH); (2) Hamburg Rail Cut Superfund Site, Hamburg, PA (A3H6); (3)
Hamburg Port Clinton Avenue Superfund Site, Hamburg, PA (A3J4); (4) (5)
Hamburg Peach Alley Parking Lot Superfund Site, Hamburg, PA (A3V1); (6)
Kaercher Creek Superfund Site, Hamburg and Windsor Township, PA (A3H8);
(7) Hamburg Mill Creek Superfund Site, Hamburg, PA (A3H7); (8) Hamburg
Pleasant Hills Trailer Park Superfund Site, Hamburg, PA (A3H2); (9)
Hamburg Ambulance Garage Superfund Site, Hamburg, PA (A3H5); Hamburg
South Canal Superfund Site, Hamburg, PA (A3J2); (10) Non-Debtor-Owned
Portions of the Price Battery Superfund Site, Hamburg, PA (A3E2); (11)
Brown's Battery Superfund Site, Tilden Township, PA (03-84); (12) ESB
Superfund Site, Atlanta, GA (A4AB); (13) Raleigh Street Dump Superfund
Site, Tampa, FL (A4J7); (14) Ross Metals Superfund Site, Rossville,
Fayette County, TN (O4RO); (15) Still Meadow Battery Superfund Site,
Valrico, FL (O4A2); (16) Magic Marker/Gould Battery Superfund Site,
Trenton, NJ; (17) Bowers Battery Superfund Site, New Philadelphia, OH
(B5S9); (18) Puente Valley Operable Unit of the San Gabriel Valley
Superfund Sites, Area 4,Industry, CA (O98V); (19) Operating Industries
Superfund Site, Monterey Park, CA (O958); (20) Hamburg Old Gas Station
Superfund Site, Hamburg, PA (A3ER); (21) Hamburg Schappelle Road
Superfund Site, Hamburg, PA (A3EG).
The Settlement Agreement also resolves the claims of the United
States on behalf of NOAA for natural resource damages under Section
107(a) of CERCLA, 42 U.S.C. 9607(a), for the following two sites: NL
Industries, Inc. Superfund Site, Pedricktown, Salem County, NJ; and
Custom Distribution Services Site in Perth Amboy, Middlesex County, NJ.
Under the Settlement Agreement, the Debtors have agreed to an
allowed, general unsecured claim in the total amount of $67,599,678 to
resolve their liability under Sections 106 and 107 of CERCLA and
Section 7003 of RCRA at the 21 Liquidated and 2 NRD Sites. The
Settlement Agreement also contains provisions pertaining to the
treatment of three other categories of sites: Debtor-Owned Sites,
Additional Sites, and sites subject to Work Orders and Work Consent
Decrees.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Settlement Agreement. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and either e-mailed to [email protected] or mailed to P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to In re Exide, D.J. Ref. 90-11-2-07802. Persons may
request an opportunity for a public meeting in the affected area in
accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
The Settlement Agreement may be examined at the United States
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20004. During the public comment period,
the Settlement Agreement may also be examined on the following
Department of Justice Web site, to http://
[[Page 19128]]
www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Settlement
Agreement may also be obtained by mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or
by faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy from the Consent Decree
Library, please enclose a check in the amount of $10.75 (25 cents per
page reproduction cost) payable to the U.S. Treasury or, if by e-mail
or fax, forward a check in that amount to the Consent Decree Library at
the stated address.
Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011-8149 Filed 4-5-11; 8:45 am]
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