Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Section 7003(D) of the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Under the Comprehensive

Environmental Response, Compensation, and Liability Act and Section

7003(D) of the Resource Conservation and Recovery Act

Notice is hereby given that a proposed Settlement Agreement and

Stipulated Order for Abandonment in In re Tonolli Corporation, Civil

Action No. 5-86-00065, was lodged on March 6, 1996 with the United

States Bankruptcy Court for the Middle District of Pennsylvania. The

action arises out of the Tonolli Corporation Superfund Site in

Nesquehoning, Pennsylvania, and resolves a dispute between the United

States and one of Tonolli's creditors, Meridian Bank/Meridian Bancorp

(``Meridian''), regarding which party had a priority security interest

in the Tonolli property. Under the terms of the settlement, Meridian is

assigning to EPA its security interest in the property of the Tonolli

estate, giving the United States a priority security interest in this

property. In exchange, the United States covenants not to sue Meridian

under the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA), 42 U.S.C. 9601 et seq. and Section 7003 of the

Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6973. The

proposed settlement also provides that Meridian will be entitled to

contribution protection to the extent provided in Section 113(f)(2) of

CERCLA, 42 U.S.C. 9613(f)(2).

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. If requested, the Department will also provide a

public meeting in the affected area, pursuant to Section 7003(d) of

RCRA, 42 U.S.C. 6973(d). Comments and requests should be addressed to

the Assistant Attorney General for the Environment and Natural

Resources Division, Department of Justice, Washington, D.C. 20530, and

should refer to In re Tonolli Corporation, DOJ Ref. 90-7-2-174C.

The proposed consent decree may be examined and copied at the

Office of the United States Attorney, Middle District of Pennsylvania,

Middle District of Pennsylvania, Federal Building, Suite 1162, 228

Walnut Street, Harrisburg, Pennsylvania 17108; the Region III Office of

the Environmental Protection Agency, Office of Regional Counsel, 841

Chestnut Building, Philadelphia, Pennsylvania 19107; and at the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005.

A copy of the proposed settlement may be obtained in person or by mail

from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005, 202-624-0892. In requesting a copy, please

refer to the referenced case (In re Tonolli Corp., DOJ Case No. 90-7-2-

174C) and enclose a check in the amount of $3.75 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-11803 Filed 5-10-96; 8:45 am]

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