Notice of Lodging of Settlement Agreement Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980

Federal RegisterOct 12, 1995

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DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act of

1980

In accordance with Departmental policy, notice is hereby given that

a proposed Settlement Agreement in In re: Servam Corporation, et al.,

Case No. 92-53469 (Bankr. Ct. D. Conn.), was lodged on October 2, 1995

with the United States Bankruptcy Court for the District of

Connecticut. This proposed Settlement Agreement will, if entered,

settle a proof of claim filed against Service America Corporation

(``SAC'') and The Macke Company (``Macke'') (collectively ``Debtors''),

debtors in the above proceeding, by the United States on behalf of the

Environmental Protection Agency (``EPA''), pursuant to Section 107 of

the Comprehensive Environmental Response, Compensation and Liability

Act of 1980, as amended (``CERCLA''), 42 U.S.C. Sec. 9607, in

connection with the Old City of York Landfill, York County, Springfield

Township, Pennsylvania and the Elizabethtown Landfill, Lancaster

County, West Donegal Township, Pennsylvania.

The proposed Settlement Agreement provides for an allowed claim by

the United States, a general unsecured creditor, in the amount of $6.3

million against Debtors. Pursuant to the Debtors' Plan of

Reorganization this claim will be paid at the estimated rate of 7.431

cents on the dollar in cash plus 4.8 cents on the dollar in common

stock. Waste Management, Inc., another potentially responsible party

(``PRP'') under CERCLA at both the Sites, is performing the response

activities at both Sites. The Debtors are required to pay 80% of the

cash amount to the United States within 30 days after the entry of the

Settlement Agreement by the U.S. Bankruptcy Court for the District of

Connecticut, Bridgeport Division. The Debtors are

[[Page 53202]]

required to pay 20% of the cash amount and 100% of the common stock to

Waste Management, Inc. within 30 days after the entry of the Settlement

Agreement.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Settlement Agreement. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to DOJ Ref. #90-11-2-878.

The proposed Settlement Agreement may be examined at the Office of

the United States Attorney for the District of Connecticut, 915

Lafayette Boulevard, Bridgeport, Connecticut 06604; the Region III

Office of the Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; and at the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005, 202-624-0892. A

copy of the proposed Settlement Agreement may be obtained in person or

by mail from the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005. In requesting a copy, please refer to the

referenced case and enclose a check in the amount of $3.50 (25 cents

per page reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-25282 Filed 10-11-95; 8:45 am]

BILLING CODE 4410-01-M

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