# 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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-11803

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 13, 1996
- **Citation:** 61 FR 22073

## Text

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-11803. Public record. Not legal advice.