[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Notices]
[Pages 31465-31466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15496]


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DEPARTMENT OF JUSTICE


Notice of Settlement Agreement Under the Resource Conservation 
and Recovery Act

    Notice is hereby given that on June 25, 2009, the United States 
filed a Notice of Settlement Agreement in In re: Fleming Companies, 
Inc., et al., Case No. 03-10945 (MFW) (Bankr. D. Del). The proposed 
Settlement Agreement resolves claims by the United States Environmental 
Protection Agency (``EPA'') and the Arizona Department of Environmental 
Quality (``ADEQ'') under the Resource Conservation and Recovery Act, 42 
U.S.C. 6991 et seq., as amended (``RCRA''), against Fleming Companies, 
Inc. (``Fleming'') and the Fleming Post Confirmation Trust (``the 
PCT'') with respect to two underground storage tanks (``USTS'') located 
at the

[[Page 31466]]

Food 4 Less facility at 240 W. Warner Road, Chandler, Arizona (the 
``Facility'').
    Fleming and certain affiliated debtors filed bankruptcy petitions 
under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101, 
et seq. as amended, in the U.S. Bankruptcy Court for the District of 
Delaware on April 1, 2003. The Bankruptcy Court entered an Order 
confirming Fleming's plan of reorganization (``the Plan'') on or about 
July 27, 2004. The Plan created the PCT to administer certain of 
Fleming's responsibilities under the Plan.
    The Settlement Agreement requires the PCT to perform or pay for 
closure, and corrective action if necessary, with respect to the USTs 
at the Facility, in accordance with 40 CFR 280, up to a maximum cost of 
$150,000. If the required work has not been completed by October 31, 
2009, EPA will provide a written estimate to the PCT of the cost of the 
remaining work and (subject to a limited right to dispute EPA's 
estimate) the PCT will make payment to ADEQ for that amount (subject to 
the $150,000 maximum), and ADEQ will complete the remaining work. The 
United States and ADEQ covenant not to sue the PCT, Fleming, or the 
affiliated debtors under RCRA with respect to the Facility.
    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 <a href="/cdn-cgi/l/email-protection#3e4e4b5c5d5153535b504a135b5b4d105b504c5a7e4b4d5a515410595148"><span class="__cf_email__" data-cfemail="45353027262a2828202b31682020366b202b3721053036212a2f6b222a33">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to In re: Fleming Companies, Inc., et al., Case No. 03-10945 
(MFW) (Bankr. D. Del)., D.J. Ref. 90-11-2-08148.
    The Settlement Agreement may be examined at the U.S. Environmental 
Protection Agency, Region 9, Office of Regional Counsel, 75 Hawthorne 
Street, San Francisco, California 94105. During the public comment 
period, the Consent Decree may also be examined on the following 
Department of Justice Web site: http://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 (<a href="/cdn-cgi/l/email-protection#75011a1b1c145b1319101001021a1a11350006111a1f5b121a03"><span class="__cf_email__" data-cfemail="a3d7cccdcac28dc5cfc6c6d7d4ccccc7e3d6d0c7ccc98dc4ccd5">[email protected]</span></a>), 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 $7.25 (.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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-15496 Filed 6-30-09; 8:45 am]
BILLING CODE 4410-15-P


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