[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Notices]
[Page 9164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5416]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL 5435-3]
Notice of Proposed Agreement and Covenant Not To Sue Under the
Comprehensive Environmental Response, Compensation, and Liability Act,
Regarding the SMS Instruments, Inc. Site, Deer Park, New York
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed administrative agreement and opportunity for
public comment.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') Region II
announces a proposed administrative agreement pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (``CERCLA''), relating to the SMS Instruments, Inc.
Superfund Site (the ``Site'') in Deer Park, Suffolk County, New York.
This Site is on the National Priorities List established pursuant to
Section 105(a) of CERCLA. EPA is implementing a remedy at the Site
pursuant to a 1989 Record of Decision. This notice is being published
to inform the public of the proposed Agreement and Convenant Not to Sue
(``Agreement'') and of the opportunity to comment.
The Agreement is being entered into by EPA and Fernanda
Manufacturing, Inc. (the ``Settling Respondent''). In 1995, the
Settling Respondent entered into a lease agreement with the owner of
the real property at the Site. The Settling Respondent had no
involvement with the Site prior to entering into this lease, and did
not contribute any hazardous substances to the Site prior to the date
of the lease. Under the Agreement, the United States covenants not to
sue the Settling Respondent under Sections 106 and 107(a) of CERCLA
with respect to the pre-existing contamination at the Site (subject to
certain reservation of rights). The Settling Respondent, in turn,
commits, among other things, to provide access to EPA, cooperate with
EPA in the implementation of response actions at the Site, exercise due
care with respect to the pre-existing contamination, and make timely
rental payments under the lease.
DATES: EPA will accept written comments relating to the proposed
Agreement for a period of thirty days from the date of publication of
this notice.
ADDRESSES: Comments should be sent to the individual listed below.
Comments should reference the SMS Instruments, Inc. Site. For a copy of
the Agreement, contact the individual listed below.
FOR FURTHER INFORMATION CONTACT: Paul Simon, Section Chief, New York/
Caribbean Superfund Branch, Office of Regional Counsel, U.S.
Environmental Protection Agency, 290 Broadway, 17th Floor, New York,
New York, 10007-1866. Telephone: (212) 637-3172.
Dated: February 16, 1996.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 96-5416 Filed 3-6-96; 8:45 am]
BILLING CODE 6560-50-M
