[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44217-44218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20097]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree and Settlement 
Agreement Under the Comprehensive Environmental Response, Compensation, 
and Liability Act and Chapter 11 of The United States Bankruptcy Code

    On September 15, 2017, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Jersey in the lawsuit entitled United States v. Alsol 
Corporation, SB Building Associates, LP, SB Building GP, LLC, United 
States Land Resources, L.P., United States Realty Resources, Inc., 
Lawrence S. Berger, and 3.60 Acres of Land, More or Less, located at 
Block 58, Lot 1.01, at 2 through 130 Ford Avenue in Milltown, Middlesex 
County, New Jersey, Civil Action Number 2:13-cv-00380. This consent 
decree incorporates terms of a proposed settlement agreement lodged on 
May 15, 2017, with the United States Bankruptcy Court for the District 
of New Jersey in three jointly administered Chapter 11 bankruptcy 
cases, In re S B Building Associates Limited Partnership, Case No. 13-
12682-VFP, In re SB Milltown Industrial Realty Holdings, LLC, Case No. 
13-12685-VFP and In re Alsol Corporation, Case No. 13-12689-VFP. The 
proposed settlement agreement is incorporated into the proposed consent 
decree and is attached thereto.
    The proposed consent decree and proposed settlement agreement would 
resolve claims of the United States brought against the Defendants in 
the district court case under Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607 
(``CERCLA''), seeking reimbursement of response costs incurred or to be 
incurred for response actions taken at or in connection with the 
release or threatened release of hazardous substances at the Michelin 
Powerhouse Site and the Michelin Building 3 Vat Site located within Tax 
Map Block 58, Lot 1.01, in the Borough of Milltown, Middlesex County, 
New Jersey. Under

[[Page 44218]]

the terms of the proposed consent decree and proposed settlement 
agreement, Defendants SB Building GP, LLC, United States Land 
Resources, L.P., United States Realty Resources, Inc., and Lawrence S. 
Berger have agreed, as provided by and subject to the terms and 
conditions of the Consent Decree and attached Settlement Agreement, 
that they are liable for the payment of $2,450,000 plus interest and 
certain costs in settlement of the claims alleged in the complaint 
filed in the district court case. Of this amount, $2,429,000, or 
99.1428%, will be deposited into the Hazardous Substance Superfund 
established by the Internal Revenue Code, 26 U.S.C. 9507, and $21,000, 
or 0.8571%, will be deposited into the Oil Spill Liability Trust Fund 
established by the Internal Revenue Code, 26 U.S.C. 9509.
    The proposed settlement agreement in the bankruptcy case would 
resolve the bankruptcy claims of the United States against two of the 
Defendants in the district court case, Alsol Corporation and S B 
Building Associates, LP., which are claims based on the CERCLA claims 
brought against these Defendants in the district court case. The 
proposed settlement agreement would also resolve the liability of 
Defendants SB Building GP, LLC, United States Land Resources, L.P., 
United States Realty Resources, Inc., and Lawrence S. Berger for 
payment of the judgment entered in United States v. Alsol Corp., et 
al., No. 2:09-cv-03026 (D.N.J.), an access case under Section 104(e) of 
CERCLA, 42 U.S.C. 9604(e). The proposed settlement agreement would 
become effective upon the date of entry of a final and non-appealable 
order confirming a Plan of Reorganization that incorporates the terms 
of the settlement agreement.
    The publication of this notice opens a period for public comment on 
the proposed consent decree and proposed settlement agreement. Comments 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States v. Alsol 
Corporation, et al., Civil Action Number 2:13-cv-00380, D.J. Ref. No. 
90-11-3-09697/1. 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............................  <a href="/cdn-cgi/l/email-protection#55252037363a3838303b21783030267b303b2731152026313a3f7b323a23"><span class="__cf_email__" data-cfemail="e4949186878b8989818a90c9818197ca818a9680a49197808b8eca838b92">[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 proposed consent decree and 
proposed settlement agreement 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 these documents 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 $7.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-20097 Filed 9-20-17; 8:45 am]
 BILLING CODE 4410-15-P


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