[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Notices]
[Pages 2823-2824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1464]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5404-4]
Notice of Proposed Administrative Settlement Pursuant to Section
122(h)(1) of the Comprehensive Environmental Response, Compensation,
and Liability Act Regarding the Kin-Buc Landfill Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative settlement 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 an
administrative settlement pursuant to Section 122(h)(1) of CERCLA, 42
U.S.C. 9622(h)(1) regarding the Kin-Buc Landfill Superfund Site (the
``Kin-Buc Site'').
The Kin-Buc Site is located in Edison Township, Middlesex County,
New Jersey 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 Kin-Buc Site. The settlement is memorialized in an
Administrative Cost-Recovery Agreement (``Agreement''). Under the
Agreement, ISA and Round Lake are obligated to pay $5,000 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
$1,250 was allocated to the Kin-Buc Site, and the balance of which was
allocated to three other Superfund sites: The Warwick Landfill
[[Page 2824]]
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 Ramapo Landfill Superfund Site in the Town of
Ramapo, New York (the ``Ramapo 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 Kin-Buc Site,
the Warwick Site, the Hertel Site and the Ramapo 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 Kin-Buc Site is
being implemented by parties other than ISA or Round Lake. The bulk of
EPA's past costs at the Kin-Buc Site have been recovered from parties
other than ISA or Round Lake, and the remaining costs at the Kin-Buc
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 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 ``Kin-Buc Landfill Superfund Site,
EPA Index No. II CERCLA-95-0114''. Interested parties may contact the
individual listed below to receive a copy of either or both
administrative settlement agreements, or to make an appointment to
examine either or both administrative settlement agreements 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 30, 1995.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 96-1464 Filed 1-26-96; 8:45 am]
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