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Notice of Proposed Administrative Cost Recovery Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 


[Federal Register: January 24, 2000 (Volume 65, Number 15)]
[Notices]
[Page 3709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja00-57]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6528-1]


Notice of Proposed Administrative Cost Recovery Settlement
Pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act

AGENCY:  Environmental Protection Agency.

ACTION:  Proposal of CERCLA section 122(h)(1) administrative cost
recovery settlement for the Uniroyal Hill Street Site.

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SUMMARY:  The United States Environmental Protection Agency (``U.S.
EPA'') proposes to address the potential liability of Uniroyal, Inc.,
Uniroyal Holding, Inc., CDU Holding, Inc., and the CDU Holding, Inc.
Liquidating Trust (the ``Settling Parties'') by execution of a
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA'') section 122(h)(1) Administrative Order on Consent prepared
pursuant to 42 U.S.C. 9622(h)(1) (the ``Agreement''). The Agreement
provides the Settling Parties certain covenants not to sue under
CERCLA, 42 U.S.C. 9601 et seq., as amended, and section 7003 of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, as
amended, with respect to the Uniroyal Hill Street Site (the ``Site''),
located in Mishawaka, Indiana. The key terms and conditions of the
Agreement may be briefly summarized as follows: (1) The Settling
Parties agree to pay $50,000 to the Hazardous Substances Superfund in
satisfaction of U.S. EPA's allowed claim; (2) the Settling Parites
agree to pay $50,000 to the City of Mishawaka, in satisfaction of their
claim; (3) the Settling Parties agree not to assert any claims or
causes of action against the United States, or its contractors or
employees, with respect to the Site or the Agreement; (4) subject to
the reservations specified in the Agreement, U.S. EPA affords the
Settling Parties a covenant not to sue for recovery of response costs
pursuant to section 107 of CERCLA, 42 U.S.C. 9607(a), liability for
injunctive relief or administrative order enforcement pursuant to
section 106 of CERCLA, 42 U.S.C. 9606, liability for injunctive relief
pursuant to section 7003 of the Resource Conservation and Recovery Act,
42 U.S.C. 6973, and provides contribution protection as provided by
CERCLA sections 113(f)(2) and 122(h)(4), 42 U.S.C. 9613(f)(2) and 9622
(h)(4), conditioned upon satisfaction of obligations under the
Agreement. The Site is not on the NPL. The Agreement was signed by the
Regional Administrator, U.S. EPA, Region 5, on December 23, 1999.

DATES:  Written comments on the proposed Agreement must be received by
U.S. EPA on or before February 23, 2000. In accordance with section
7003(d) of RCRA, 42 U.S.C. 6973(d), commenters may request an
opportunity for a public hearing in the affected area.

ADDRESSES:  The proposed Agreement and the U.S. EPA's response to any
comments received will be available for public inspection at U.S. EPA
Records Center Room 714, 77 West Jackson Boulevard, Chicago, Illinois
60604. A copy of the proposed Agreement may be obtained from U.S. EPA
Office of Regional Counsel, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Comments should reference the Uniroyal Hill Street
Site, Mishawaka, Indiana, and U.S. EPA Docket No. V-W-99-C-575 and
should be addressed to Ms. Hedi Bogda-Cleveland, U.S. EPA Office of
Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago, Illinois
60604-3590.

FOR FURTHER INFORMATION CONTACT:  Ms. Hedi Bogda-Cleveland, U.S. EPA
Office of Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago,
Illinois 60604, at (312) 886-5825.

    Dated: December 23, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-1554 Filed 1-21-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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