On January 9, 2013, the Department of Justice lodged a proposed Amended Consent Decree in
In
This is an “ability-to-pay” settlement based on financial analyses conducted by the Department's Antitrust Corporate Finance Unit. Senser Metal and Mr. Senser's Estate (represented by Kenneth Senser as the Executor the Estate of Saul Senser) will pay the United States $243,250.00 within 30 days of entry of the Consent Decree, and within 24 days thereafter will pay the United States any amount remaining in the estate following payment to the United States in the
The Amended Consent Decree also resolves the United Scrap Lead Respondent Group's (“Respondent Group”) CERCLA claims against Senser Metal Company for response costs incurred by the Respondent Group in cleaning up the Site under an earlier Consent Decree. The settling Senser defendants will pay the Respondent Group $21,500 within 30 days of entry of the Consent Decree.
In
While a prior Consent Decree and Stipulation of Settlement were lodged in these cases in March of 2012, it was subsequently determined that certain tax consequences attendant upon the liquidation of a pension plan in the estate meant that there were insufficient assets available to settle the United States' claims on the original basis and also provide for the widow of Mr. Senser and the expenses of his estate. The revised settlements in the two cases will recover at least $486,500 in response costs incurred by EPA at the Site. This is approximately $73,000 less than the settlement amount originally agreed to in the March 2012 Consent Decree and Stipulation, but will allow the Estate to pay certain previously incurred expenses and purchase an annuity to secure a lifetime monthly stipend for Mr. Senser's widow.
The publication of this notice opens a period for public comment on the proposed Amended Consent Decree and the proposed Amended Stipulation, Settlement Agreement and Order. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to
During the public comment period, the proposed Amended Consent Decree and the proposed Amended Stipulation, Settlement Agreement and Order may be examined and downloaded at this Justice Department Web site:
Please enclose a check or money order for $10.00 (25 cents per page reproduction cost) payable to the United States Treasury.