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

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement, Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 C.F.R. 50.7, notice is

hereby given that a proposed Settlement Agreement in In re Goodell, No.

94-34248 (Bankr. W.D. Wash.), was lodged on September 25, 1996, with

the United States Bankruptcy Court for the Western District of

Washington. The Settlement Agreement resolves a general unsecured claim

filed by the United States on behalf of the United States Environmental

Protection Agency (``EPA'') in the Goodell bankruptcy pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act of

1980, as amended, 42 U.S.C. 9601 et seq.. Under the Settlement

agreement, Land Sea Air Leasing Corporation (``LSA'') will

[[Page 54218]]

withdraw its objection to EPA's claim, and EPA will receive $70,000 for

its claim.

The United States entered into the Settlement Agreement in

connection with a Prospective Purchaser Agreement between EPA and Way

Conn Properties, Inc. (``Way Conn''), an LSA affiliate. The Prospective

Purchaser Agreement provides that Way Conn will remove all remaining

contaminated soil from the property and pay EPA $200,000 subject to a

$50,000 credit for every dollar Way Conn expends above $50,000 in soil

removal and disposal for a maximum credit of $50,000. The 2.5 acre

parcel of property subject to the Prospective Purchaser Agreement is

the primary asset of the bankruptcy estate, and is located at the head

of the Hylabos Waterway in the Commencement Bay/Near Shore Tideflats

Superfund Site in Tacoma, Washington.

The Department of Justice will receive, for a period of fifteen

(15) 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, D.C. 20530, and should

refer to In re Goodell, DOJ Ref. #90-11-2-1125.

The proposed Settlement Agreement may be examined at the office of

the United States Attorney, 800 Fifth Avenue, Seattle, Washington,

98104; the Region 10 Office of the Environmental Protection Agency,

1200 Sixth Avenue, Seattle, Washington, 98105; and at the Consent

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

please refer to the referenced case and enclose a check in the amount

of $2.25 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-26610 Filed 10-16-96; 8:45 am]

BILLING CODE 4410-01-M