[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Pages 53627-53628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27271]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5909-3]
South Bay Asbestos Superfund Site; Notice of Proposed
Administrative Settlement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended by the Superfund
Amendments and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. 9600 et
seq., notice is hereby given that on September 30, 1997, the United
States Environmental Protection Agency (EPA) and the United States
Department of Justice (DOJ) executed two proposed Prospective Purchaser
Agreements pertaining to property transactions within the South Bay
Asbestos Superfund Site. The Purchasers plan to acquire parcels,
totaling 24.5 acres, within the South Bay Asbestos Superfund Site,
located in San Jose, California. The Parcels will be developed for
office, research, light industrial, commercial service, and restaurant
uses.
There are two Prospective Purchaser Agreements because the property
is divided into an East and West Parcel and each parcel has different
lenders. The proposed Agreements will resolve certain potential claims
of the United States under section 106 and 107 of CERCLA, 42 U.S.C.
9606 and 9607, and section 7003 of the Solid Waste Disposal Act, as
amended, 42 U.S.C 6973, against Lincoln Property Company No. 2233 (East
Parcel Agreement) and Lincoln 237 Associates (West Parcel Agreement).
Lincoln Property Company No. 2233 and Lincoln 237 Associates are
jointly referenced as (the Purchasers). The proposed settlement will
require the Purchasers to make a one-time payment of $125,000 for the
East Parcel Agreement and $75,000 for the West Parcel Agreement.
Payments will be made to the EPA Hazardous Substance Superfund. In
addition, any disturbance of soils on the East Parcel must comply with
the Soil Management Plan (SMP), attached as exhibit 3 to the East
Parcel Agreement.
For thirty (30) calendar days following the date of publication of
this document, EPA will rece0ive written comments relating to this
proposed settlement. EPA's response to any comments received will be
available for public inspection at the U.S.
[[Page 53628]]
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
94105.
DATES: Comments must be submitted on or before November 14, 1997.
Availability
The proposed Prospective Purchaser Agreements are available for
public inspection at the U.S. Environmental Protection Agency, 75
Hawthorne Street, San Francisco, CA 94105. A copy of the proposed
settlement may also be obtained from Jeannie Cervera, Assistant
Regional Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region
IX, 75 Hawthorne Street, San Francisco, CA 94105. Comments should
reference ``Lincoln Property Company No. 2233 (East Parcel) and Lincoln
237 Associates (West Parcel)--``South Bay Asbestos Superfund Site'' and
``Docket Numbers 97-14 and 97-15'' and should be addressed to Jeannie
Cervera at the above address.
FOR FURTHER INFORMATION CONTACT: Jeannie Cervera, Assistant Regional
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; E-mail:
cervera.jeannie@epamail.epa.gov; Phone (415) 744-1395.
Dated: October 6, 1997.
Frederick Schauffler
Director, Superfund Division, Region IX.
[FR Doc. 97-27271 Filed 10-14-97; 8:45 am]
BILLING CODE 6560-50-P
