[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Notices]
[Pages 45255-45256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21544]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6425-8]
Jack's Creek/Sitkin Smelting Superfund Site De Minimis
Settlement; Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency is proposing
to enter into a de minimis settlement pursuant to section 122(g)(4) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, (CERCLA), 42 U.S.C. 9622(g)(4). This proposed
settlement is intended to resolve the liabilities under CERCLA of
Robert J. Clark, d/b/a Clark Trucking, for response costs incurred by
the United States Environmental Protection Agency at the Jack's Creek/
Sitkin Smelting Superfund Site, Maitland County, Pennsylvania.
DATES: Comments must be provided on or before September 20, 1999.
ADDRESSES: Comments should be addressed to the Docket Clerk, United
States Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania, 19103, and should refer to: In Re: Jack's
Creek/Sitkin Smelting Superfund Site, Maitland County, Pennsylvania,
U.S. EPA Docket No. III-98-094-DC.
FOR ADDITIONAL INFORMATION CONTACT: Daniel Isales (215) 814-2647, U.S.
Environmental Protection Agency, Office of Regional Counsel, (3RC42),
1650 Arch Street, Philadelphia, Pennsylvania, 19103.
SUPPLEMENTARY INFORMATION:
Notice of De Minimis Settlement
In accordance with section 122(i)(1) of CERCLA, 42 U.S.C.
9622(i)(1), and section 7003(d) of the Solid Waste Disposal Act, 42
U.S.C. 6973(d), notice is hereby given of a proposed administrative
settlement concerning the Jack's Creek/Sitkin Smelting Superfund Site
in Maitland County, Pennsylvania. The administrative settlement was
signed by the United States Environmental Protection Agency and is
subject to review by the public pursuant to this Notice. The agreement
has been approved by the Attorney General, United States Department of
Justice, or her designee, pursuant to section 122(g)(4) of CERCLA, 42
U.S.C. 9622(g)(4). The Attorney General, or her designee, has also
approved the agreement for the purpose of granting the covenant not to
sue for damages to natural resources on behalf of the Department of the
Interior (``DOI'').
The settling party has agreed to pay $2,000.00 to United States
Environmental Protection Agency toward EPA response costs and $500.00
to DOI for damages to natural resources, subject to the contingency
that the Environmental Protection Agency may elect not to complete the
settlement based on matters brought to its attention during the public
comment period established by this Notice.
EPA is entering into this agreement under the authority of sections
122(g) and 107 of CERCLA, 42 U.S.C. 9622(g) and 9607. Section 122(g) of
CERCLA, 42 U.S.C. 9622(g), authorizes early settlements with de minimis
parties to allow them to resolve their liabilities under, inter alia,
section 107 of CERCLA, 42 U.S.C. 9607, to reimburse the United States
for response costs incurred in cleaning up Superfund sites without
incurring substantial transaction costs. The grant of a covenant not to
sue for damages to natural resources by DOI to those parties paying
their share of such allocated costs is subject to agreement in writing
by DOI pursuant to section 122(j) of CERCLA, 42 U.S.C. 9622(j).
The Environmental Protection Agency will receive written comments
upon this proposed administrative settlement for thirty (30) days from
the date of publication of this Notice. Moreover, pursuant to section
7003(d) of the Solid Waste Disposal Act, 42 U.S.C. 6973(d), the public
may request a meeting in the affected area. A copy of the proposed
Administrative Order on Consent can be obtained by contacting Daniel
Isales,
[[Page 45256]]
Office of Regional Counsel, at the address and phone number listed
above.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-21544 Filed 8-18-99; 8:45 am]
BILLING CODE 6560-50-P
