[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70020-70021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32518]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6509-6]
Prospective Purchaser Agreement and Covenant Not To Sue Under the
Comprehensive Environmental Response, Compensation, and Liability Act
Regarding the Mechanic Street Realty Corporation Superfund Site, Perth
Amboy, NJ
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed prospective purchaser agreement and request
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. 9601, et seq., the U.S. Environmental
Protection Agency (``EPA'') announces a proposed administrative
settlement with the City of Perth Amboy, New Jersey (``City''), a
``prospective purchaser'' of the Mechanic Street Realty Corporation
Superfund Site (``Site'') in Perth Amboy, New Jersey. The proposed
administrative settlement is memorialized in an Agreement And Covenant
Not To Sue (``Agreement'') between EPA and the City. By this Notice,
EPA is informing the public of the proposed settlement and of the
opportunity to comment.
EPA performed a CERCLA removal action at the Site, a vacant four-
acre former industrial complex, in 1997-1998 after investigations
revealed the presence of hazardous substances. EPA stabilized and
disposed of hazardous substances in tanks and containers at the Site to
reduce the threat of release and the potential for exposure through
direct human contact and on-site releases. The City designated the Site
as part of its ``Focus 2000'' redevelopment program in 1997. Once it
has acquired the Site, the City intends to transfer the property to a
new owner for redevelopment.
Under the Agreement, if the City transfers the Site to a
governmental agency for redevelopment for public use, the City will
perform certain investigative and remedial work at the Site in exchange
for the United States' covenant not to sue or take any other civil or
administrative action against the City for any and all civil liability,
for injunctive relief or reimbursement of response costs pursuant to
sections 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a) with
respect to existing contamination present on or under the Site. If the
City sells or leases the Site to any other party, the Agreement
provides that the City will perform the work described above and pay
EPA either 50% of the net proceeds of the sale or lease after the City
deducts any taxes on the property owed to the City and its transaction
costs or the total amount of EPA's documented costs, whichever is less.
EPA believes this settlement is fair and in the public interest.
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 consideration that indicate the proposed
settlement is inappropriate, improper, or inadequate. EPA's response to
any comments received will be available for public inspection with U.S.
Environmental Protection Agency, Office of Regional Counsel, 290
Broadway, 17th Floor, New York, New York 10007-1866. Telephone: (212)
637-3111.
Pursuant to EPA guidance, the Agreement may not be issued without
the concurrence of the Assistant Attorney General for Environment and
[[Page 70021]]
Natural Resources of the U.S. Department of Justice. The Assistant
Attorney General has approved the proposed Agreement in writing.
DATES: Comments must be provided by January 14, 2000.
ADDRESSES: Comments should be sent to the U.S. Environmental Protection
Agency, Office of Regional Counsel, 290 Broadway, 17th Floor, New York,
NY 10007-1866 and should refer to: the Mechanic Street Realty
Corporation Superfund Site, U.S. EPA Docket No. II-CERCLA-02-99-2024.
FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency,
Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New
York 10007-1866. Telephone: (212) 637-3111.
SUPPLEMENTARY INFORMATION: A copy of the proposed administrative
settlement may be obtained in person or by mail from Joseph Cosentino,
U.S. Environmental Protection Agency, 2890 Woodbridge Avenue, Edison,
New Jersey 08837-3679, (732) 906-6983.
Dated: September 30, 1999.
Jeanne M. Fox,
Regional Administrator, Region 2.
[FR Doc. 99-32518 Filed 12-14-99; 8:45 am]
BILLING CODE 6560-50-P
