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Proposed Administrative Settlement Under 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: March 4, 2005 (Volume 70, Number 42)]
[Notices]
[Page 10635-10636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr05-57]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7880-3]
 
Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency.
ACTION: Request for public comment.

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SUMMARY: The Environmental Protection Agency is proposing to enter into 
an ``Administrative Order On Consent For Past Cost Reimbursement/
Covenant Not to Sue and Removal'' pursuant to Sections 106(a), 107 and 
122 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9606(a), 9607 
and 9622. This proposed administrative settlement is intended to: (1) 
Resolve the liability of LC Associates, LP. (``Settling Party'') under 
CERCLA for EPA's past response costs incurred at the Andela and River 
Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania 
(``the Sites''); and (2) further directs Settling Party to cleanup any 
future discovered PCB contamination on the Sites, if necessary, 
pursuant to the self-effectuating ``Removal Order'' component of this 
proposed settlement.

DATES: Comments must be provided within thirty (30) days from publication.

ADDRESSES: Comments should be addressed to Lydia Guy, Regional Hearing 
Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, PA 19103-2029, and should refer to the Andela and 
River Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Benjamin M. Cohan (3RC41), 215/814-
2618, U.S. Environmental Protection Agency, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103-2029.

SUPPLEMENTARY INFORMATION: Notice of administrative settlement: In 
accordance with Section 122(i)(1) of CERCLA, 42 U.S.C. 9622(i)(1), 
notice is hereby given of a proposed administrative settlement 
concerning the Andela and River Bend Superfund Sites, Warwick Township, 
Bucks County, Pennsylvania. The administrative settlement is subject to 
review by the public pursuant to this Notice. The proposed settlement 
has been reviewed and approved by the United States Department of 
Justice in accordance with Section 122(h) of CERCLA, 42 U.S.C. 9622(h).
    The Settling Party has agreed to pay $135,000.00 to the Hazardous 
Substances Superfund Fund subject to the contingency that EPA may elect 
not to complete the settlement if comments received from the public 
during this comment period disclose facts or considerations which 
indicate the proposed settlement is inappropriate, improper, or 
inadequate. This amount to be paid by the Settling Party was based upon 
EPA's determination of the fair share of liability of the Settling 
Party relating to the Sites. Monies collected from the Settling Party 
will be remitted to EPA's Hazardous Substances Superfund Fund for use 
in future clean-ups which may be undertaken under CERCLA.
    EPA is entering into this agreement under the authority of Sections 
106(a), 107 and 122 of CERCLA, 42 U.S.C. 9606(a), 9607 and 9622. 
Specifically, Section 122(h) of CERCLA authorizes cost recovery 
settlements with potentially responsible parties to allow them to 
resolve their liabilities at Superfund Sites without incurring 
substantial transaction costs. Under this authority, EPA proposes to 
settle with Settling Party in connection with the Sites, based upon a 
determination that Settling Party is responsible as an ``owner or 
operator of a vessel or a facility'' (the Andela and River Bend Sites) 
within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1) 
. As part of this administrative settlement, and for so long as 
Settling Party is in compliance with the terms of the agreement, 
including but not limited to cleanup of future discovered PCB 
contamination as specified in Section 7 of the settlement agreement, 
EPA will provide to the Settling Party a covenant not to sue or take 
administrative action against the Settling Party for reimbursement of 
past response costs pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, 
with regard to the Sites.
    The Environmental Protection Agency will receive written comments 
relating to this settlement for thirty (30) days from the date of 
publication of this Notice. The Agency will consider all comments 
received and may modify or withdraw its consent to the settlement if 
comments received disclose facts or

[[Page 10636]]

considerations which indicate that the settlement is inappropriate, 
improper, or inadequate. A copy of the proposed Administrative Order on 
Consent can be obtained from Benjamin M. Cohan, U.S. Environmental 
Protection Agency, Region III, Office of Regional Counsel (3RC41), 1650 
Arch Street, Philadelphia, Pennsylvania 19103-2029, or by contacting 
Benjamin M. Cohan at (215) 814-2618.

    Dated: February 11, 2005.
Donald S. Welsh,
Regional Administrator, U.S. Environmental Protection Agency, Region III.
[FR Doc. 05-4263 Filed 3-3-05; 8:45 am]
BILLING CODE 6560-50-P

 
 

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