98-16670. Proposed CERCLA Prospective Purchaser Agreement and Proposed CERCLA Section 122(h)(1) Administrative Cost Recovery Settlement Agreement for the Ingram-Richardson Site

[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16670]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6114-3]


Proposed CERCLA Prospective Purchaser Agreement and Proposed 
CERCLA Section 122(h)(1) Administrative Cost Recovery Settlement 
Agreement for the Ingram-Richardson Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposal of CERCLA Prospective Purchaser Agreement and Proposal 
of CERCLA section 122(h)(1) Administrative Cost Recovery Settlement 
Agreement for the Ingram-Richardson site.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et 
seq., as amended by the Superfund Amendments and Reauthorization Act of 
1986 (SARA), Pub. L. 99-499, notification is hereby given that a 
proposed Agreement and Covenant Not to Sue (Agreement) for the Ingram-
Richardson Site (the Site) located near Frankfort, in Clinton County, 
Indiana, has been executed by Clinton County, Indiana (the County), 
Frankfort Market Place, Inc. (Frankfort Market Place), and Kelly 
Strange (Mr. Strange). The proposed Agreement has been submitted to the 
Attorney General for approval. The proposed Agreement would resolve 
certain potential claims of the United States under sections 106 and 
107 of CERCLA, 42 U.S.C. 9606 and 9607, against the County, as the 
prospective purchaser of the Site. The proposed Agreement also would 
resolve the potential liability of Frankfort Market Place and Mr. 
Strange (who are alleged to be past and current owners and operators of 
the Site) under CERCLA section 107 for certain past response costs 
incurred in connection with the Site, pursuant to the administrative 
cost recovery settlement authority conferred by CERCLA section 
122(h)(1), 42 U.S.C. 9622(h)(1).
    The components of the proposed Agreement relating to the County 
would require the County to pay $7,500 to the United States and to 
demolish unusable buildings on the Site before redeveloping the Site 
for use as a residential treatment center for juveniles. The United 
States would remove the CERCLA lien currently placed on the Site 
property.
    The components of the proposed Agreement relating to Frankfort 
Market Place and Mr. Strange provide that: (1) Frankfort Market Place 
and Mr. Strange will pay $7,500 to the United States, to be applied 
toward more than $2.789 million in unreimbursed past response costs 
incurred in connection with removal action undertaken at the Site; (2) 
Frankfort Market Place and Mr. Strange will convey their ownership 
interest in the Site to the County, at no cost to the County; and (3) 
the United States will grant Frankfort Market Place and Mr. Strange a 
covenant not to sue for past response costs incurred in connection with 
the removal action (and will dismiss without prejudice a pending, 
unanswered civil judicial complaint filed by the United States against 
Frankfort Market Place under CERCLA section 107), and those parties 
will obtain contribution protection as provided by CERCLA sections 
113(f)(2) and 122(h)(4) upon satisfactory completion of their 
obligations under the Agreement.
    The Site is not on the NPL, and no further response activities at 
the Site are anticipated at this time.

DATES: Comments on the proposed Agreement must be received by July 23, 
1998.

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 Karen Peaceman at [phone] prior to visiting the 
Region 5 office.
    Comments on the proposed Agreement should be addressed to Karen 
Peaceman, Office of Regional Counsel, U.S. EPA, Region 5, 77 West 
Jackson Boulevard, (Mail Code C-14J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Karen Peaceman at [phone] of 
the U.S. EPA Region 5 Office of Regional Counsel.
    A 30-day period, commencing on the date of publication of this 
notice, is open for comments on the proposed Agreement. Comments should 
be sent to the addressee identified in this document.
Doug Ballotti,
Acting Director, Superfund Division, Region #5.
[FR Doc. 98-16670 Filed 6-22-98; 8:45 am]
BILLING CODE 6560-50-M