[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19750-19751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10505]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5815-1]
Proposed Administrative Settlement Under Section 122(h)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act;
in Re Wells Metal Finishing Superfund Site; Lowell, Massachusetts
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed agreement for recovery of past response
costs.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
enter into a cost recovery settlement agreement to address claims under
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 as amended (CERCLA), 42 U.S.C. Sec. 9601 et seq. Notice is
being published to inform the public of the proposed settlement and of
the opportunity to comment. The settlement is intended to resolve the
liability under CERCLA of Charles McNamara for costs incurred or to be
incurred by EPA in response to the release or threatened release of
hazardous substances at the Wells Metal Finishing Site in Lowell,
Massachusetts.
DATES: Comments must be provided on or before May 23, 1997.
ADDRESSES: Comments should be addressed to the Docket Clerk, U.S.
Environmental Protection Agency, Region I, JFK Federal Building,
Mailcode RCH, Boston, Massachusetts, 02203, and should refer to:
Agreement for Recovery of Past Response Costs Re: Wells Metal Finishing
Superfund Site, Lowell, Massachusetts, US. EPA Docket No. CERCLA I-91-
1069.
FOR FURTHER INFORMATION CONTACT: Gregory M. Kennan, U.S. Environmental
Protection Agency, JFK Federal Building, Mailcode SEE, Boston,
Massachusetts, 02203, (617) 565-3446.
SUPPLEMENTARY INFORMATION: In accordance with the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended (CERCLA) 42 U.S.C. Sec. 9601 et seq., notice is hereby given of
a proposed cost recovery settlement agreement under Section 122(h)(1)
of CERCLA concerning the Wells Metal Finishing Superfund Site in
Lowell, MA. The settlement was approved by EPA Region I, subject to
review by the public pursuant to this Notice. Charles McNamara
(Settling Party) has executed a signature page committing him to
participate in the settlement. Under the proposed settlement, the
Settling Party shall convey the Site to a good faith purchaser in an
arms length transaction no later than one year after the effective date
of this Agreement. After the Settling Party has paid the realtor's
commission and real estate attorney's fee from the proceeds of the sale
of the Site property, the Settling Party shall pay the City of Lowell
Massachusetts all
[[Page 19751]]
past real property taxes not to exceed $55,160 plus interest; and to
pay 100% of the remaining proceeds of the sale to the EPA Hazardous
Substance Superfund for the reimbursement of response costs. EPA
believes the settlement is fair and in the public interest.
EPA is entering into this agreement under the authority of CERCLA
Section 122(h)(1) which provides EPA with authority to consider,
compromise, and settle a claim under Section 107 of CERCLA for costs
incurred by the United States if the claim has not been referred to the
U.S. Department of Justice for further action. The U.S. Department of
Justice has given written approval of this settlement. EPA will receive
written comments relating to this settlement for thirty (30) days from
the date of publication of this Notice.
A copy of the proposed administrative settlement may be obtained in
person or by mail from Gregory M. Kennan, U.S. Environmental Protection
Agency, JFK Federal Building, Mailcode SEE, Boston, Massachusetts,
02203 (617) 565-3446.
The Agency's response to any comments received will be available
for public inspection with the Docket Clerk, U.S. Environmental
Protection Agency, Region I JFK Federal Building, Mailcode RCH, Boston,
Massachusetts, (U.S. EPA Docket No. CERCLA I-91-1069).
Dated: April 15, 1997.
Richard Cavagnero,
Acting Director, Office of Site Remediation and Restoration.
[FR Doc. 97-10505 Filed 4-22-97; 8:45 am]
BILLING CODE 6560-50-P