Notice of Lodging of Settlement Agreement, 3270 [08-122]

Download as PDF 3270 Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices mstockstill on PROD1PC66 with NOTICES United States Bankruptcy Court for the Western District of New York. In this action the United States sought reimbursement of response costs incurred by EPA for response actions at the Little Valley Superfund Site (‘‘Site’’) in Cattaraugus County, New York, pursuant to sections 106 and 107 of the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. 9606 and 9607 (‘‘CERCLA’’). The Settlement Agreement provides that the United States will have general unsecured claim in the amount of $1,533,000. 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 Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to In re: Bush Industries, Inc., D.J. Ref. 90–11–2– 06763/2. The Settlement Agreement may be examined at the Office of the United States Attorney, 138 Delaware Avenue, Buffalo, NY, and at U.S. EPA Region 2, 290 Broadway, New York, NY 10078. During the public comment period, the Settlement Agreement may also be examined on the following Department of Justice Web site, https:// 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 (tonia.fleetwood@usdoj.gov), fax number (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 $2.00 (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. Ronald G. Gluck, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–123 Filed 1–16–08; 8:45 am] BILLING CODE 4410–15–M VerDate Aug<31>2005 17:07 Jan 16, 2008 Jkt 214001 DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Notice is hereby given that a proposed Settlement Agreement in American International Specialty Lines Insurance Company, Inc. v. NWI–I, Inc., et al., Civil Action No. 05–6386, was lodged on January 9, 2008 with the United States District Court for the Northern District of Illinois. American International Specialty Lines Insurance Company, Inc. (AISLIC) filed this declaratory judgment action against NWI–I, Inc., LePetomane II, Inc. (as Trustee of the Fruit of the Loom Successor Liquidation Trust), and LePetomane III, Inc. (as Trustee of the Fruit of the Loom Custodial Trust), which are successor entities to bankrupt Fruit of the Loom, Inc. (FTL), seeking to avoid coverage under a Pollution Legal Liability insurance policy issued to FTL in 1998 (the Policy). Under a 2002 settlement agreement in the FTL bankruptcy, the Fruit of the Loom Successor Liquidation and Custodial Trusts were created and those entities agreed to pursue FTL environmental insurance claims under the Policy. Under the 2002 bankruptcy settlement, the Custodial Trust owns and, using funds recovered by the Successor Liquidation Trust, implements site investigation, clean-up, and restoration activities at seven former FTL properties which are the subject of the action: St. Louis Plant Site (St. Louis, Michigan), Breckenridge Site (St. Louis/ Breckenridge, Michigan), Residue Hill Site (Chattanooga, Tennessee), Hardeman County Landfill Site (Toone, Tennessee), Hollywood Dump Site (Memphis, Tennessee), Marshall Plant Site (Marshall, Illinois), and Ventron/ Velsicol/Berry’s Creek Site (New Jersey). The United States and the States of Illinois, Michigan, New Jersey, and Tennessee are beneficiaries of the Trusts. The United States intervened in AISLIC’s action to protect its interests. Pursuant to the Settlement Agreement, in return for a buyback of the Policy, AISLIC will make an initial $30 million payment and ten annual payments of $1.250 million, with interest running from May 15, 2007, to the Successor Liquidation Trust. The nature of the response and/or restoration activities to be performed at each site is not an issue addressed in this settlement and will, instead, be determined in the usual course in a manner not inconsistent with the relevant statutes. In addition, the Successor Liquidation Trust will separately pay the three non- PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 governmental intervenors, who allege that they are insured under the Policy, $287,000 to resolve their claims against AISLIC for coverage under the Policy. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, comments relating to the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to American International Specialty Lines Insurance Company, Inc. v. NWI–I, Inc., et al., DOJ Ref. #90–11–2–0709/1. Commenters 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 proposed consent decree may be examined at the office of the United States Attorney, United States Attorney’s Office, Northern District of Illinois, Eastern Division, 219 S. Dearborn St., 5th Floor, Chicago, IL 60604, and at the Region V Office of the Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604. During the public comment period, the proposed consent decree may also be examined on the Department of Justice Web site, at https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed consent decree 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 (tonia.fleetwood@usdoj.gov), fax number (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 $33.00 (or $6.00, for a copy that omits the exhibits and signature pages) (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by Email or fax, forward a check in that amount to the Consent Decree Library at the stated address. W. Benjamin Fisherow, Deputy Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 08–122 Filed 1–16–08; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Page 3270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-122]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement

    Notice is hereby given that a proposed Settlement Agreement in 
American International Specialty Lines Insurance Company, Inc. v. NWI-
I, Inc., et al., Civil Action No. 05-6386, was lodged on January 9, 
2008 with the United States District Court for the Northern District of 
Illinois.
    American International Specialty Lines Insurance Company, Inc. 
(AISLIC) filed this declaratory judgment action against NWI-I, Inc., 
LePetomane II, Inc. (as Trustee of the Fruit of the Loom Successor 
Liquidation Trust), and LePetomane III, Inc. (as Trustee of the Fruit 
of the Loom Custodial Trust), which are successor entities to bankrupt 
Fruit of the Loom, Inc. (FTL), seeking to avoid coverage under a 
Pollution Legal Liability insurance policy issued to FTL in 1998 (the 
Policy). Under a 2002 settlement agreement in the FTL bankruptcy, the 
Fruit of the Loom Successor Liquidation and Custodial Trusts were 
created and those entities agreed to pursue FTL environmental insurance 
claims under the Policy. Under the 2002 bankruptcy settlement, the 
Custodial Trust owns and, using funds recovered by the Successor 
Liquidation Trust, implements site investigation, clean-up, and 
restoration activities at seven former FTL properties which are the 
subject of the action: St. Louis Plant Site (St. Louis, Michigan), 
Breckenridge Site (St. Louis/Breckenridge, Michigan), Residue Hill Site 
(Chattanooga, Tennessee), Hardeman County Landfill Site (Toone, 
Tennessee), Hollywood Dump Site (Memphis, Tennessee), Marshall Plant 
Site (Marshall, Illinois), and Ventron/Velsicol/Berry's Creek Site (New 
Jersey). The United States and the States of Illinois, Michigan, New 
Jersey, and Tennessee are beneficiaries of the Trusts. The United 
States intervened in AISLIC's action to protect its interests.
    Pursuant to the Settlement Agreement, in return for a buyback of 
the Policy, AISLIC will make an initial $30 million payment and ten 
annual payments of $1.250 million, with interest running from May 15, 
2007, to the Successor Liquidation Trust. The nature of the response 
and/or restoration activities to be performed at each site is not an 
issue addressed in this settlement and will, instead, be determined in 
the usual course in a manner not inconsistent with the relevant 
statutes. In addition, the Successor Liquidation Trust will separately 
pay the three non-governmental intervenors, who allege that they are 
insured under the Policy, $287,000 to resolve their claims against 
AISLIC for coverage under the Policy.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to American International Specialty Lines Insurance Company, Inc. 
v. NWI-I, Inc., et al., DOJ Ref. 90-11-2-0709/1. Commenters 
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 proposed consent decree may be examined at the office of the 
United States Attorney, United States Attorney's Office, Northern 
District of Illinois, Eastern Division, 219 S. Dearborn St., 5th Floor, 
Chicago, IL 60604, and at the Region V Office of the Environmental 
Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604. During the 
public comment period, the proposed consent decree may also be examined 
on the Department of Justice Web site, at https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the proposed consent decree 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 (tonia.fleetwood@usdoj.gov), fax 
number (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 $33.00 (or $6.00, for a copy that omits the 
exhibits and signature pages) (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.

W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 08-122 Filed 1-16-08; 8:45 am]
BILLING CODE 4410-15-M
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