Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Under the Comprehensive

Environmental Response Compensation and Liability Act

Notice is hereby given that on August 18, 1997, a proposed

Settlement Agreement for an adversary complaint filed by the United

States and the State of Michigan in In Re Richard Thomas, Civil Action

No. 395-38143-RCM-7, was lodged with the United States District

Bankruptcy Court for the Northern District of Texas.

In their adversary complaint, the United States and the State of

Michigan sought a declaration that Thomas was not entitled to a

homestead exemption for a condominium owned by him in Dallas, Texas,

and sought imposition of an equitable lien on this property. The basis

of the claims of the United States and Michigan was that Thomas had

allegedly purchased the property with funds transferred from companies

owned by Thomas in an effort to protect his assets from the claims of

the United States and Michigan brought under the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9601 et seq. The CERCLA suit giving rise to the Governments'

claims was brought in the Federal District Court for the Western

District of Michigan, Kelley v. Thomas Solvent Co., Civil Action Nos.

K86-167 CA8 & K86-164 CA8, and concerned contamination of the Verona

Well Field located near Battle Creek, Michigan.

Pursuant to the settlement between the Governments and Thomas,

Thomas will pay $160,000 to the United States and $45,000 to the State

of Michigan upon the sale of the condominium or within two years of the

entry of the Settlement Agreement, whichever comes first. In return,

the Governments will release their claims against the property owned by

Thomas. Furthermore, the Governments agree that Thomas is no longer

subject to the personal judgments entered against him through an

earlier settlement between Thomas and the Governments.

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

days from the date of this publication comments relating to the

Settlement Agreement. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to In re

Richard Thomas, No. 395-38143-RCM-7, D.J. Ref. 90-11-2-140A.

The Settlement Agreement may be examined at the Office of the

United States Attorney, 1100 Commerce Street, Suite 300, Dallas, Texas

75242, at U.S. EPA Region V, Office of Regional Counsel, 200 West Adams

Street, Chicago, Illinois 60606, and at the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A

copy of the Settlement Agreement may be obtained in person or by mail

from the Consent

[[Page 45878]]

Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy, please enclose a check in the amount of $4.25 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-23016 Filed 8-28-97; 8:45 am]

BILLING CODE 4410-15-M