99-12008. Proposed Administrative Agreement and Covenant Not To Sue

[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Notices]
[Page 25503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12008]



[[Page 25503]]

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ENVIRONMENTAL PROTECTION AGENCY

[42 U.S.C. Section 122(i) FRL-6340-8]


Proposed Administrative Agreement and Covenant Not To Sue

AGENCY: U.S. Environmental Protection Agency (U.S. EPA).

ACTION: Proposal of Administrative Agreement and Covenant Not to Sue 
Under Section 122(h) of CERCLA for the Murray Machinery, Inc. Superfund 
Site.

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SUMMARY: U.S. EPA is proposing to execute an Administrative Agreement 
and Covenant Not to Sue (Agreement) under Section 122 of CERCLA for the 
Murray Machinery Superfund Site. Respondent has agreed to pay 
$24,028.58 out of total response costs of approximately $2.4 million, 
and in return will receive a covenant not to sue and contribution 
protection from U.S. EPA. U.S. EPA today is proposing to execute this 
Agreement because it achieves a benefit for the community where the 
site is located by encouraging the reuse or redevelopment of property 
at which the fear of Superfund liability may have been a barrier. The 
Murray Machinery Site would likely have remained an abandoned lot had 
U.S. EPA not entered into this Agreement and Covenant Not to Sue with 
the Prospective Purchasers. Therefore, this Agreement, although one 
which does not recover a significant amount of past response costs, 
does provide for the reuse and redevelopment of the Site.

DATES: Comments on this proposed settlement must be received by June 
11, 1999.

ADDRESSES: A copy of the proposed Agreement is available for review at 
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please contact Ms. Allison S. Gassner at [phone], prior to 
visiting the Region 5 office.
    Comments on the proposed Agreement should be addressed to Allison 
S. Gassner, Office of Regional Counsel, U.S. EPA, Region 5, 77 West 
Jackson Boulevard (Mail Code C-14J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Allison S. Gassner at [phone], 
of the U.S. EPA, Region 5, Office of Regional Counsel.

SUPPLEMENTARY INFORMATION: The Murray Machinery Site is located at 901 
South 60th Street and is comprised of approximately 140 acres. The Site 
is located in a light commercial area approximately three miles west of 
Wausau, Wisconsin. The site is located at the end of a semi-secluded 
dirt road with a locked gate across the roadway; however, the perimeter 
of the site is not fenced. The Site is bordered by a section of the 
Chicago and Northwestern Railroad and commercial property to the north. 
The remainder of the Site is bordered by a heavily vegetated field and 
wetlands areas, with the Big Rib River located approximately \1/4\ mile 
to the southwest along the property boundary. A shallow wetlands area 
is located approximately \1/8\ mile southwest of the Site.
    Murray Machinery, Inc. (``MMI'') operated a foundry at the Site 
from 1972 through 1988, which consisted of the ferrous casting of 
ductile iron, nihard, and hi-chrome metals. Although never licensed as 
a waste disposal facility, MMI disposed of lead contaminated wastes in 
a surface impoundment during its years of operation. MMI is now 
dissolved. Hazardous substances within the definition of Section 
101(14) of CERCLA, 42 U.S.C. 9601(14), were released into the 
environment at or from the Site, posing a risk to human health or the 
environment.
    In July 1993, the U.S. EPA and the Technical Assistance Team 
(``TAT'') conducted a removal site assessment on the surface 
impoundment at the request of the Wisconsin Department of Natural 
Resources (``WDNR''). Concurrently, the WDNR conducted a groundwater 
and area surface water investigation on and around the MMI property. On 
October 12, 1994, U.S. EPA and TAT mobilized to the Site to conduct a 
time critical removal action. As of March 11, 1995, approximately 
13,000 cubic yards of sediment were excavated and 11,500 cubic yards 
were stabilized. On June 30, 1995, U.S. EPA requested an emergency 
exemption from the One Year & $2 million statutory limit and a ceiling 
increase to complete the time critical removal action for the Site. 
Additional funding was requested to complete the necessary removal 
activities not anticipated in the September 12, 1994 Action Memorandum. 
The additional funding was needed to stabilize the remaining 1500 cubic 
yards of lead contaminated waste and to place a clay cap over the 
stabilized material.
    In performing response actions at the Site, U.S. EPA incurred 
response costs at or in connection with the Site. U.S. EPA incurred 
approximately $2.4 million in conducting the removal action at the 
Site.
    The Settling Parties are purchasers of the property who intend to 
reuse, redevelop, and resell the property.
    A 30-day period, commencing on the date of publication of this 
notice, is open for comments on the proposed Agreement pursuant to 
Section 122(i) of CERCLA, 42 U.S.C. 9622(i). Comments should be sent to 
the addressee identified in this notice.
William E. Muno, Director,
Superfund Division, U.S. Environmental Protection Agency, Region 5.
[FR Doc. 99-12008 Filed 5-11-99; 8:45 am]
BILLING CODE 6560-50-P