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C & D Recycling

De Minimis Settlement

At many sites, some of the responsible parties may have contributed only a very small amount of waste. EPA may consider these parties "de minimis" (of the least) because the amount of waste they contributed was minimal in comparison to the total waste at the site. In recognition of their relatively small role in waste contribution, and to help ensure that these parties don't get drawn into lengthy and expen-sive lawsuits, EPA can offer a special type of settlement to these parties. This is known as a de minimis settlement.

The de minimis settlement agreement states that, in return for paying a specified amount, the responsible parties (RPs) are absolved of future liability for the site. De minimis settlements provide a covenant not to sue, which is an assurance that the EPA will not bring any future legal actions against the settling RPs for the selected remedy. These settlements also provide contribution protection, which protects the settling parties from being sued by the other RPs at the site.

During the past year, EPA offered de minimis settlements to six RPs associated with the C&D Recycling Superfund Site. Four of these parties have decided to accept the offer and settle with EPA. They are:

Each of these parties has agreed to pay EPA

$63,294. Each of these parties contributed to the hazardous substances found at the C&D Recycling Superfund Site. The hazardous substances they contributed were relatively minor in both amount and toxicity in comparison to other hazardous substances contributed to the site. Nevertheless, their contribution to hazardous substances makes them liable for site cleanup costs under Superfund law. Superfund law imposes liability on past and present site owners and operators, as well as generators and transporters of hazardous substances.

Sampling

Field sampling was done on and off the Site during November and December 1995. This sampling has enabled EPA to determine the amount of contaminated soil and sediment that must be excavated. The field sampling was also used to determine the extent of contaminated areas in order to set boundaries for the Remedial Action.

EPA Budget Update

EPA has received temporary funding so that the Agency can operate until April 24, 1996. This funding is 14% less than the amount provided during 1995. Currently, work at the C&D site is on-schedule. However, if EPA is not adequately funded after April 24, or if there is a furlough of EPA personnel, work on the design for the site cleanup could grind to a halt. Currently, AT&T is developing the preliminary design and the site preparation plan. Although this work is being funded and performed by AT&T, an EPA furlough or lack of EPA funding would prevent site plans from being reviewed and approved by EPA. Because each work product is contingent upon the previous one, site prepara-tion work and design would be stalled.

The Information Repositories for this site are at the following locations:

Foster Township
Municipal Building
100 Wyoming Street
Freeland, PA  18224
717-636-3757

Freeland Public Library
515 Front Street
Freeland, PA  18224
717-636-2125

For More Information, Please Contact These U.S. EPA Representatives:

Joe McDowell
Project Manager
U.S. EPA
1650 Arch St.
Philadelphia, PA 19103-2029
215-814-3192
McDowell.Joseph@epa.gov

Lisa Brown
Community Involvement Coordinator
U.S. EPA (3EA30)
1650 Arch St.
Philadelphia, PA 19103-2029
800-553-2509
215-814-5528
brown.lisa@epa.gov

Visit EPA on the Internet!

EPA's website provides a large amount of information on hazardous waste management and the Superfund program. You can access this information by visiting our page -- http://www.epa.gov/reg3hwmd/index.htm

Region 3 | Mid-Atlantic Cleanup | Mid-Atlantic Superfund |EPA Home | EPA Superfund Homepage


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