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Proposed CERCLA Administrative Cost Recovery Settlement: Dayton X-Ray Company Superfund Site

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[Federal Register: May 18, 2006 (Volume 71, Number 96)]
[Notices]
[Page 28862-28863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my06-49]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8171-6]
 
Proposed CERCLA Administrative Cost Recovery Settlement: Dayton 
X-Ray Company Superfund Site

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative Agreement for Recovery of Past Response Costs 
(``Agreement''), issued pursuant to section 122(h)(1) of CERCLA, 
concerning the Dayton X-Ray Site in Dayton, Ohio, between the United 
States Environmental Protection Agency (``U.S. EPA'' or ``the Agency'') 
and the following Settling Party: Joan Ruth Sammons.
    The proposed Agreement contains a settlement between U.S. EPA and 
Joan Ruth Sammons for the payment of a portion of U.S. EPA's costs 
incurred in connection with the Dayton X-Ray Superfund Site. The 
Agreement requires the Settling Party to pay a total of $20,955.62 plus 
interest in the amount of $178.90 into the U.S. EPA Hazardous Substance 
Superfund. The Agreement also includes U.S. EPA's covenant not to sue 
the Settling Party pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), 
if Settling Party fulfills her obligations under the proposed Agreement.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
Agreement. The Agency will consider all comments received and may 
modify or withdraw its consent to the Agreement if comments received 
disclose facts or considerations which indicate that the Agreement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at the 
following location: Records Center, U.S. EPA, Region 5, 7th Floor, 77 
W. Jackson Blvd., Chicago, IL 60604.

DATES: Comments must be submitted on or before June 19, 2006.
    Background: The Dayton X-Ray Site is located at 1150 West Second 
Street, Dayton, Ohio. Dayton X-Ray Company operated from 1939 to 1992, 
as a family-owned business with its principal office and laboratory at 
this location. A title search revealed that Mrs. Joan Ruth Sammons 
owned the facility since 1970. Mrs. Sammons is the sole remaining 
Potentially Responsible Party and is the Settling Respondent in this 
proposed Agreement.
    The Dayton X-Ray Company filed for bankruptcy and ceased operations 
in 1992. The Site was abandoned with at least several dozen 55 gallon 
drums and containers, which contained hazardous substances, remaining 
on site. Approximately 20 of these drums were outside of a building 
near a sidwalk, and exposed to the elements, which would lead to 
deterioration of the drums and release of their hazardous contents. 
Mrs. Sammons performed the cleanup of hazardous substances from the 
Site pursuant to U.S. EPA Agreement Docket No. V-W-C-637, and has 
already paid U.S. EPA past costs in the amount of $12,000.
    Under the terms of the proposed settlement, Mrs. Joan Sammons will 
pay the U.S. EPA Superfund $20,955.62 in U.S. EPA's costs in overseeing 
a clean-up of the Site by Mrs. Joan Sammons, plus interest in the 
amount of $178.90, for a total payment to the Superfund of $21,134.52. 
In consideration of the work performed, past costs already paid, and 
monies to be paid the Superfund pursuant to this proposed Agreement, 
U.S. EPA will forgive those Past Response Costs not collected pursuant 
to this Agreement. This settlement between U.S. EPA and Mrs. Sammons 
will resolve all outstanding costs of U.S. EPA incurred in connection 
with the Dayton X-Ray Site.
    Comments should reference the Dayton X-Ray Company Superfund Site, 
Dayton, Ohio and U.S. EPA Docket No. V-W-060C-846, and should be 
addressed to: Jerome Kujawa, Associate Regional Counsel, 77 West 
Jackson Blvd., Mail Code C-14J, Chicago, Illinois 60604. Copies of the 
proposed Agreement may be obtained from Jerome Kujawa at (312) 886-6731 
or e-mail at kujawa.jerome@epa.gov.

FOR FURTHER INFORMATION CONTACT: Jerome Kujawa, Associate Regional 
Counsel, 77 West Jackson Blvd., Mail Code C-14J, Chicago, Illinois 
60604, (312) 886-6731 or e-mail Mr. Kujawa at kujawa.jerome@epa.gov.

[[Page 28863]]

    Dated: May 4, 2006.
Eric J. Cohen,
Acting Regional Counsel.
[FR Doc. E6-7575 Filed 5-17-06; 8:45 am]
BILLING CODE 6560-50-P

 
 

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