DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Chapter 11 of the United States Bankruptcy Code
Notice is hereby given that on July 28, 2011, a proposed Settlement Agreement (“Agreement”) inIn re Philadelphia Newspapers, LLC, et al.,Case No. 09-11204 (SR), was lodged with the United States Bankruptcy Court for the Eastern District of Pennsylvania. The Agreement was entered into by the United States, on behalf of the United States Environmental Protection Agency (“EPA”) and Philadelphia Newspapers, LLC and certain of its affiliates (the “Debtors”). The Agreement relates to liabilities of the Debtors under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601et seq.(“CERCLA”), at the Swope Oil Superfund Site located in Pennshauken, New Jersey (the “Swope Oil Site”).
The Agreement provides that EPA will have an allowed Class 5D General Unsecured Claim in the amount of $652,440 under the Fifth Amended Joint Chapter 11 Plan with respect to the Swope Oil Site. Under the Agreement, EPA has agreed not to bring a civil action or take administrative action against the Debtors pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. 6973, relating to the Swope Oil Site.
For a period of 30 days from the date of this publication, the Department of Justice will receive comments relating to the Agreement. To be considered, comments must be received by the Department of Justice by the date that is 30 days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed email@example.com mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044, and should refer toIn re Philadelphia Newspapers, LLC, et al.,Case No. 09-11204 (SR) (Bankr. E.D. Pa.), D.J. Ref. No. 90-11-3-09822. A copy of the comments should be sent to Donald G. Frankel, Senior Counsel, Department of Justice, Environmental Enforcement Section, One Gateway Center, Suite 616, Newton, MA 02458 or e-mailed firstname.lastname@example.org.
The Agreement may be examined at the Office of the United States Attorney, Eastern District of Pennsylvania, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106 (contact Virginia Powell at 215-861-8200). During the public comment period, the Agreement may also be examined on the following Department of Justice Web site,http://www.usdoj.gov/enrd/Consent_Decrees.html.A copy of the Agreement may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (email@example.com), fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In requesting a copy of the Agreement from the Consent Decree Library, please enclose a check in the amount of $3.25 (25 cents per page reproduction cost) payable to the U.S. Treasury (if the request is by fax or e-mail, forward a check to the Consent Decree library at the address stated above). Commenters may request an opportunity for a public meeting, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.