[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Notices]
[Pages 2825-2826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1463]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5404-3]
Notice of Proposed Administrative Settlement Pursuant to Section
122(h)(1) of the Comprehensive Environmental Response, Compensation,
and Liability Act Regarding the Ramapo Landfill Superfund Site
AGENCY: Environmental Protection Agency, (EPA).
ACTION: Notice of proposed administrative settlements and opportunity
for public comment.
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SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERCLA''), 42 U.S.C. 9622(i), the United States
Environmental Protection Agency (``EPA''), Region II announces a
proposed administrative settlement pursuant to Section 122(h)(1) of
CERCLA, 42 U.S.C. 9622(h)(1) regarding the Ramapo Landfill Superfund
Site (the ``Ramapo Site'').
The Ramapo Site is located in the Town of Ramapo, Rockland County,
New York, and is listed on the National Priorities List established
under Section 105 of CERCLA. This notice is being published pursuant to
Section 122(i) of CERCLA to inform the public of the proposed
settlement and of the opportunity to comment. EPA will consider any
comments received during the comment period and may withdraw or
withhold consent to the proposed settlement if comments disclose facts
or considerations which indicate that the proposed settlement is
inappropriate, improper or inadequate.
The administrative settlement would resolve the claims of the
United States against I.S.A. In New Jersey, Inc. (``ISA'') and Round
Lake Sanitation Corporation (``Round Lake'') with respect to their
potential liability for past costs incurred by EPA pursuant to CERCLA
in responding to the release and threatened release of hazardous
substances at the Ramapo Site. The settlement is memorialized in an
Administrative Cost-Recovery Agreement (``Agreement''). Under the
Agreement, ISA and Round Lake are obligated to pay $25,000 to the
Hazardous Substances Superfund. The payment is to be made from an
escrow account established for ISA and Round Lake as stated below. The
settlement is based on the ability to pay of ISA and Round Lake in that
these corporations are defunct and have no assets other than the monies
in escrow.
In 1991, ISA, Round Lake, and other entities and individuals were
indicted by a grand jury empaneled in the United States District Court
for the Southern District of New York on numerous federal felony
charges. According to a subsequent plea agreement, the assets of ISA
and Round Lake, and other entities, were required to be sold to
unrelated third parties. In 1994, the United States entered into an
Agreement and Covenant Not To Sue under CERCLA with Browning-Ferris
Industries of New York, Inc.; Browning-Ferris Industries of Paterson,
N.J., Inc.; and Browning-Ferris Industries of South Jersey, Inc.
(collectively ``BFI'') regarding BFI's prospective purchase of the
assets of ISA, Round Lake, and the other entities. BFI paid $250,000 to
the United States for an Agreement and Covenant Not To Sue, of which
$5,000 was allocated to the Ramapo Site, and the balance of which was
allocated to three other Superfund sites: the Warwick Landfill
Superfund Site in Warwick, New York (the ``Warwick Site'') the Hertel
Landfill Superfund Site in the Town of Plattekill, New York (the
``Hertel Site'') and the Kin-Buc Landfill Superfund Site in Edison
Township, New Jersey (the ``Kin-Buc Site''). BFI completed the
acquisition of the assets of ISA, Round Lake, and the other entities
and, in connection therewith, ISA and Round Lake deposited $1,000,000
of the sale price into an escrow account established to resolve certain
liability to the United States pursuant to CERCLA at the Ramapo Site,
the Warwick Site, the Hertel Site and the Kin-Buc Site. The balance of
the proceeds of BFI's purchase of the assets of ISA, Round Lake, and
the other entities was used to pay other obligations of ISA and Round
Lake including $5,000,000 in criminal fines, forfeitures and costs,
$3,500,000 in federal and state tax liability, and $300,000 of
liabilities to other creditors.
The remedial action which has been selected at the Ramapo Site is
being implemented by a party other than ISA or Round Lake and the
remaining costs at the Ramapo Site may be recovered from parties other
than ISA or Round Lake.
Pursuant to CERCLA Section 122(h)(1), the prior written approval of
the Attorney General is required for the administrative settlement
under CERCLA between EPA and ISA and Round Lake. In satisfaction of
that requirement, the Attorney General or
[[Page 2826]]
her designee has approved the proposed settlement in writing.
DATES: Comments must be submitted on or before February 28, 1996.
ADDRESSES: Comments should be addressed to the EPA at the address
listed below, and should refer to ``Ramapo Landfill Superfund Site, EPA
Index No. II CERCLA-95-0214.'' Interested parties may contact the
individual listed below to receive a copy of the administrative
settlement agreement, or to make an appointment to examine the
administrative settlement agreement at EPA Region II, 290 Broadway, New
York, NY, 10007.
FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional
Counsel, NY/Caribbean Superfund Branch, Office of Regional Counsel,
Environmental Protection Agency, 290 Broadway, New York, N.Y. 10007,
telephone: (212) 637-3168.
Dated: November 29, 1996.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 96-1463 Filed 1-26-96; 8:45 am]
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