Notice2022-18820
Notice of Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
August 31, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 168 (Wednesday, August 31, 2022)</title>
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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Page 53503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18820]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Settlement Agreement Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On August 26, 2022, the Department of Justice lodged a proposed
Settlement Agreement entered into with J.J.W. Metal, Corp. (``J.J.W.
Metal'') in the United States Bankruptcy Court for the District of
Puerto Rico in In re J.J.W. Metal Corp., Case No. 20-04536-EAG11.
J.J.W. Metal is a potentially responsible party under section 107(a) of
the Comprehensive Environmental Response, Compensation, and Liability
Act (``CERCLA''), 42 U.S.C. 9607(a), at the JJW Metal Recycling
Superfund Site located at 756 Los Colobos Street, Carolina, Puerto Rico
(the ``Site''). Under the Settlement Agreement, the United States, on
behalf of the United States Environmental Protection Agency (``EPA''),
will have an allowed claim in the amount of $300,000. This allowed
claim will be paid as a Class 6 allowed general unsecured claim under
the terms of the Third Amended Plan of Reorganization (``Plan'') in 60
monthly payments over a period of five years at 4.5% interest (unless
there is a deferral of the payments under Article V of the Plan, for a
period of up to a year, due to the need for J.J.W. Metal to relocate
its operations.)
EPA has provided a covenant not to file a civil action or take
administrative action against J.J.W. Metal pursuant to Sections 106 or
107 of CERCLA, 42 U.S.C. 9606 or 9607, with respect to the Site. The
covenant does not apply to any right against J.J.W. Metal with respect
to the Site for liability under federal or state law for acts by the
J.J.W. Metal that occur after the date of lodging of the Settlement
Agreement.
The publication of this notice opens a period for public comment on
the Settlement Agreement. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to In re J.J.W. Metal, Corp., Case No. 20-04536-EAG11
(Bankr. D.P.R.), D.J. Ref. No. 90-11-3-12537. All comments must be
submitted no later than 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............................ <a href="/cdn-cgi/l/email-protection#91e1e4f3f2fefcfcf4ffe5bcf4f4e2bff4ffe3f5d1e4e2f5fefbbff6fee7"><span class="__cf_email__" data-cfemail="81f1f4e3e2eeecece4eff5ace4e4f2afe4eff3e5c1f4f2e5eeebafe6eef7">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Settlement Agreement may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-18820 Filed 8-30-22; 8:45 am]
BILLING CODE 4410-15-P
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