Notice of Filing of Settlement Stipulation and Clarifying Amendment, Regarding Matters Relating to Alleged Violations of Standards Regulating Underground Storage Tanks

DEPARTMENT OF JUSTICE

Notice of Filing of Settlement Stipulation and Clarifying

Amendment, Regarding Matters Relating to Alleged Violations of

Standards Regulating Underground Storage Tanks

In accordance with Departmental policy, notice is hereby given that

a proposed Environmental Cleanup Settlement Stipulation

(``Stipulation'') in In re Yellow Cab Cooperative Association (``Yellow

Cab''), Bankr. No. 93-23733 (D.Colo.), was filed on April 25, 1996,

with the United States Bankruptcy Court for the District of Colorado.

The Bankruptcy Court's approval of the Stipulation is subject to action

by the United States in response to any comments which may be received

from the public during a thirty day public comment period, required

under 28 CFR 50.7, which commences with publication of this Notice. The

parties to the Stipulation, Yellow Cab (``Debtor'') and the United

States, have also entered into a Clarifying Amendment to Environmental

Cleanup Settlement Stipulation. The Clarifying Amendment was filed with

the Bankruptcy Court on July 31, 1996, and is also subject to public

comment. The United States has entered into the Stipulation and

Clarifying Amendment on behalf of the United States Environmental

Protection Agency (``EPA'').

The Stipulation and Clarifying Amendment resolve an adversary

[[Page 42268]]

complaint and application for the allowance of an unliquidated

administrative priority claim filed by the United States against the

Debtor as the result of Debtor's alleged violations of standards

regulating the usage and closure of underground storage tanks

(``USTs''), found at 40 CFR Part 280 and promulgated under Section 9003

of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C.

Sec. 6991b. Under the Stipulation and Clarifying Amendment, Debtor is

required to escrow $400,000 which will be used to: remove seven USTs at

Debtor's property, properly dispose of the USTs and any residual

contents remaining in them, conduct a site assessment (to be reviewed

by EPA and two Colorado agencies) and, if necessary, perform corrective

action. If the site assessment suggests that corrective action likely

will cost more than $400,000, Debtor is to focus its corrective action

efforts upon cleaning up petroleum based contamination. If it develops

that less than $400,000 is needed to abate the UST violations, the

unused funds will be returned to Debtor's estate for the benefit of the

unsecured creditors. In the event that EPA, Colorado authorities, and

Debtor's consultant are not able to agree within nine months of the

entry of the Stipulation on all terms of any necessary corrective

action plan, Debtor would perform corrective action according to the

draft plan most acceptable to EPA.

The Clarifying Amendment states that Debtor (or any trustee

appointed to liquidate Debtor's assets under Chapter 11 of the

Bankruptcy Code, or any Chapter 7 trustee of the Debtor's estate) could

be liable for contamination of Debtor's property that occurred after

the date that the Stipulation was filed with the Court and that the

Stipulation does not resolve or affect in any way any criminal

liability which may exist under any federal statute. Further, the

Clarifying Amendment states that the United States waives and withdraws

its general unsecured claim for civil penalties in the approximate

amount of $48,000.

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

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

proposed Stipulation and Clarifying Amendment. 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 In re Yellow Cab Cooperative Association,

DOJ Ref. # 90-7-1-761.

The proposed Stipulation and Clarifying Amendment may be examined

at the Office of the United States Attorney, 1961 Stout Street, Suite

1100, Denver, CO 80294; the Region VIII Office of the Environmental

Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202;

and at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005, (202) 624-0892. A copy of the proposed

Stipulation and Clarifying Agreement may be obtained in person or by

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

Washington, DC 20005. The Stipulation and Clarifying Amendment total 20

pages altogether. The Exhibits to the Clarifying Amendment total 30

pages. To obtain a copy of the Stipulation and Clarifying Amendment

without the Exhibits, please refer to the referenced case and enclose a

check in the amount of $5.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library. To obtain the Exhibits in

addition to the Stipulation and Clarifying Amendment, please enclose a

total of $12.50.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-20687 Filed 8-13-96; 8:45 am]

BILLING CODE 4410-01-M