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Proposed Agreement and Covenant Not To Sue Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended by the Superfund Amendments and Reauthorization Act of 1986; In Re: Bargaineer's Center Superfund Site, Located in Brockton, MA

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

 
[Federal Register: January 16, 2004 (Volume 69, Number 11)]
[Notices]
[Page 2595-2596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja04-58]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7610-9]
 
Proposed Agreement and Covenant Not To Sue Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as Amended by the Superfund Amendments and Reauthorization Act 
of 1986; In Re: Bargaineer's Center Superfund Site, Located in 
Brockton, MA

AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed agreement; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental

[[Page 2596]]

Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 
U.S.C. 9601, et. seq., notice is hereby given of a proposed Agreement 
and Covenant Not to Sue between the United States, on behalf of the 
U.S. Environmental Protection Agency (``EPA'') and W.B. Mason Co., Inc. 
and JLTS VI L.L.C. (``Purchaser''). The Purchaser plans to acquire 
10.72 acres located at 70 East Battles Street in Brockton, 
Massachusetts, the location of a removal action in which the EPA 
removed semi-volatile organic compounds (``SVOCs''), asbestos, and 
polychlorinated biphenyls (``PCBs''). The Purchaser intends to perform 
additional cleanup activities, redevelop the Site, and operate a 
distribution center for its office supply business. Under the Proposed 
Agreement, the United States grants a Covenant Not to Sue to the 
Purchaser with respect to existing contamination at the Site in 
exchange for the Purchaser's agreement to pay EPA $25,000. In addition, 
the Purchaser agrees to provide an irrevocable right of access at all 
reasonable times to representatives of EPA.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
settlement. The Agency will consider all comments received and may 
modify or withdraw its consent to the settlement if comments received 
disclose facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at One 
Congress Street, Boston, MA 02214.

DATES: Comments must be submitted on or before February 17, 2004.

ADDRESSES: Comments should be addressed to the Regional Hearing Clerk, 
U.S. Environmental Protection Agency, Region I, One Congress Street, 
Suite 1100, Mailcode RAA, Boston, Massachusetts 02203, and should refer 
to: In re: Bargaineer's Center Superfund Site, U.S. EPA CERCLA Docket 
No. 01-2003-0076.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed Agreement and 
Covenant Not to Sue: W.B. Mason Co., Inc. and JLTS VI L.L.C. can be 
obtained from Andrea Treece, Enforcement Counsel, U.S. Environmental 
Protection Agency, Region I, One Congress Street, Mailcode SES, Boston, 
Massachusetts 02214, (617) 918-1540.

    Dated: January 7, 2004.
Robert V. Varney,
Regional Administrator, Region I.
[FR Doc. 04-1048 Filed 1-15-04; 8:45 am]
BILLING CODE 6560-50-P

 
 

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