The Department of Justice lodge a proposed Consent Decree with Livingston & Company, Inc. (``Consent Decree'') in United States v. A-L Processors, f.k.a. Atlas-Lederer Co., et al., Civil Action No. C-3-91-309 was lodged with the United States District Court for the Southern District of Ohio on September 25, 2008. In the lawsuit, the government sought reimbursement of response costs in connection with the United Scrap Lead Superfund Site in Troy, Miami County, Ohio (``the Site'') pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9601 et seq.
The Consent Decree resolves the United States' claims against Defendant Livingston & Company, Inc. (``Livingston'') for response costs incurred as a result of the release or threatened release of hazardous substances at the Site. It is a reduced "ability-to-pay'' settlement based on financial analyses conducted by the Department's Antitrust Corporate Finance Unit.
Livingston will pay the United States $1,609,732 over a three-year period with half of the payment ($847,228) being paid within 20 days of entry of the settlement. The United States' remaining outstanding costs exceed a whopping $7.5 million and are being sought from the remaining defendants in this case.
The Consent Decree also resolves the United Scrap Lead Respondent Group's (``Respondent Group'') CERCLA claims against Livingston for response costs incurred by the Respondent Group in cleaning up the Site under an earlier Consent Decree. Livingston will pay the Respondent Group $290,268 over approximately a one-year period.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the settlement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, Department of Justice, Washington, DC 20044-7611, and should refer United States v. A-L Processors, f.k.a. Atlas-Lederer Co., et al., D.J. Ref. 90-11-3-279B.
U.S.C. 9601 et seq.
The Consent Decree resolves the United States' claims against Defendant Livingston & Company, Inc. (``Livingston'') for response costs incurred as a result of the release or threatened release of hazardous substances at the Site. It is a reduced "ability-to-pay'' settlement based on financial analyses conducted by the Department's Antitrust Corporate Finance Unit.
Livingston will pay the United States $1,609,732 over a three-year period with half of the payment ($847,228) being paid within 20 days of entry of the settlement. The United States' remaining outstanding costs exceed a whopping $7.5 million and are being sought from the remaining defendants in this case.
The Consent Decree also resolves the United Scrap Lead Respondent Group's (``Respondent Group'') CERCLA claims against Livingston for response costs incurred by the Respondent Group in cleaning up the Site under an earlier Consent Decree. Livingston will pay the Respondent Group $290,268 over approximately a one-year period.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the settlement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, Department of Justice, Washington, DC 20044-7611, and should refer United States v. A-L Processors, f.k.a. Atlas-Lederer Co., et al., D.J. Ref. 90-11-3-279B.
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