# Notice of Filing of Settlement Stipulation and Clarifying Amendment, Regarding Matters Relating to Alleged Violations of Standards Regulating Underground Storage Tanks > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-20687 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 14, 1996 - **Citation:** 61 FR 42267 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-20687. Public record. Not legal advice.