Notice of Proposed Consent Decree Under CERCLA
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This notice informs about a proposed consent decree lodged by the Department of Justice aimed at resolving objections related to a bankruptcy settlement in a case involving Whittaker, Clark & Daniels, Inc. and affiliated companies. The decree specifically addresses underestimated liabilities under environmental laws at three Superfund Sites and ensures financial responsibility for cleanup costs, including a cash payment and setting up a trust. The public is invited to comment on this proposal for 30 days following the notice's publication.
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Key Changes
- Resolves objections to bankruptcy settlement
- Ensures financial responsibility for environmental cleanup
- Establishes an environmental response trust
Obligations
What this law requires
Submit written comments on the proposed consent decree to the Assistant Attorney General, Environment and Natural Resources Division, within 30 days of publication date
Address comments to either pubcomment-ees.enrd@usdoj.gov (email) or Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611 (mail), and reference case number In re: Whittaker, Clark & Daniels, Inc., et al., Case No.: 23-13575 (MBK), D.J. Ref. No. 90-11-3-12869
Make the proposed consent decree available for examination and download on the Justice Department website at https://www.justice.gov/enrd/consent-decrees during the public comment period
NICO (National Indemnity Company) must make a cash payment for environmental cleanup costs as stipulated in the proposed consent decree
Establish an environmental response trust as specified in the proposed consent decree