SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of
The
Securities Exchange Act of 1934
Date
of
Report (Date of earliest event reported) December
12, 2007
PERMA-FIX
ENVIRONMENTAL SERVICES, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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1-11596
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58-1954497
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(State
or other
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(Commission
File
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(IRS
Employer
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jurisdiction
of
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Number)
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Identification
No.)
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incorporation)
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8302
Dunwoody Place, Suite 250, Atlanta, Georgia
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30350
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant's
telephone number, including area code (770)
587-9898
Not
applicable
(Former
name or former address, if changed since last report)
Check
the appropriate box below if the Form
8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see
General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
Section
8
- Other
Events
Item
8.01
- Other
Events
As
previously disclosed, our Dayton, Ohio subsidiary, Perma-Fix of Dayton, Inc.
(“PFD”), had reached an agreement in principle with the United States Department
of Justice (Environmental Protection Agency) to settle the government’s claims
in the lawsuit styled Barbara
Fisher v. Perma-Fix of Dayton, Inc.,
pending
in the U.S. District Court, Southern District of Ohio, whereby the government
and the plaintiff both alleged, among other things, certain violations by PFD
of
state and federal clean air statutes in connection with the operation by PFD
of
its Dayton, Ohio facility.
On
December 12, 2007, PFD and the federal government entered into a Consent Decree
formalizing settlement of the government’s portion of the above described
lawsuit, which Consent Decree is subject to a 30 day public comment period
and
the approval of the federal court. Pursuant to the Consent Decree, if approved
by the federal court, the settlement with the federal government resolves the
government’s claims against PFD and requires PFD to:
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pay
a civil penalty of $360,000; and
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complete
three environmental projects totaling not less than $562,000 to achieve
air emission controls that go above and beyond those required by any
current environmental regulations.
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As
we
have previously disclosed, we have also reached an agreement in principle to
settle the citizen’s suit portion of the above lawsuit, and under this agreement
in principle PFD would pay a total of $1,325,000. PFD is in the process of
finalizing the settlement of the citizen’s suit portion of the lawsuit.
Settlement of the citizen’s suit portion of the lawsuit is subject to, among
other things, execution and court approval of a definitive settlement
agreement.
As
previously disclosed, our insurer has agreed to contribute $500,000 toward
the
settlement cost of the citizen’s suit portion of the litigation. Discussions
with our insurer are ongoing as to whether, and to what extent, any additional
contributions may be made by our insurer in connection with the settlements
in
this lawsuit. We have recorded a total of $1,625,000 of reserves in connection
with settlement of this lawsuit in our discontinued operations.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Company has
duly
caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
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PERMA-FIX
ENVIRONMENTAL
SERVICES,
INC.
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Dated: December
18, 2007
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By:
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/s/
Steven Baughman
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Steven
Baughman
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Vice
President and
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Chief
Financial Officer
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