[Federal Register Volume 60, Number 165 (Friday, August 25, 1995)]
[Notices]
[Pages 44345-44346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21171]
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[[Page 44346]]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5284-7]
Proposed Settlement Under Section 122(h) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, 42 U.S.C. 9622(h), Emory Plating Company
Superfund Site, Des Moines, Iowa
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed settlement under Section 122(h) of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA), as amended, 42 U.S.C. 9622(h), Emory Plating Company
Superfund Site, Des Moines, Iowa.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
proposing to enter into an administrative settlement to resolve claims
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 9622(h). This
settlement is intended to resolve the liability of Kent E. Easterday,
Richard Hansen, Gary Akes, and Emory Liquidation, Inc. (hereinafter
``Respondents'') for the response costs incurred at the Emory Plating
Company Superfund Site, 3929 East 14th Street, Des Moines, Iowa.
DATES: Written comments must be provided on or before September 25,
1995.
ADDRESSES: Comments should be addressed to the Regional Administrator,
United States Environmental Protection Agency, Region VII, 726
Minnesota Avenue, Kansas City, Kansas 66101 and should refer to: In the
Matter of Emory Plating Company Superfund Site, Kent E. Easterday,
Richard Hansen, Gary Akes, Emory Liquidation, Inc., EPA Docket No. VII-
95-F-0005.
FOR FURTHER INFORMATION CONTACT:
J.D. Stevens, Assistant Regional Counsel, United States Environmental
Protection Agency, Region VII, 726 Minnesota Avenue, Kansas City,
Kansas 66101, (913) 551-7322.
SUPPLEMENTARY INFORMATION: The proposed settling parties are Emory
Liquidation, Inc. (formerly known as Emory Plating Company) and its
owners, Kent E. Easterday, Richard Hansen, and Gary Akes. Respondent
Emory Liquidation, Inc. is the owner of the Emory Plating Company
Superfund Site (``Site'') property. Respondents Kent E. Easterday,
Richard Hansen and Gary Akes were the owners of Emory Liquidation, Inc.
prior to its dissolution. The Emory Plating Company Superfund Site was
a former electroplating facility located at 3929 East 14th Street, Des
Moines, Iowa.
On July 13, 1992, the Environmental Protection Agency conducted a
removal assessment to sample vats, drums and soils at the Site. This
investigation revealed the presence of hazardous substances including
cyanides, lead and corrosive solutions. The materials abandoned at the
facility presented a significant threat to nearby populations.
The site was acquired by the Emory Plating Company in 1976. In
1985, the business and property were sold to Musser Enterprises, Inc.,
under a Purchase Offer and Agreement. Musser Enterprises, Inc. operated
an electroplating business at the site until abandoning the facility
and defaulting on the Purchase Offer and Agreement in approximately
1986. Emory Liquidation, Inc. continues to own the site property.
The EPA initiated a removal action in April 1993. The removal
action that was concluded in December 1993 included the following
activities: (1) characterization of the wastes in the building; (2)
stabilization of uncontained waste by placement in containers; (3)
excavation of contaminated soil; and (4) removal and disposal of
hazardous waste and contaminated soil from the Site.
The proposed settlement provides that Respondents will make their
best efforts to sell the property located at the Site and turn over to
EPA the proceeds from the sale, deducting legal and appraisal fees,
realtor's commissions and related taxes. The proposed settlement
provides that EPA will covenant not to sue Respondents for all civil
liability under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for
reimbursement of response costs incurred at or in connection with the
Site as of the effective date of the Agreement.
Dated: July 3, 1995.
Michael J. Sanderson,
Director, Superfund Division.
[FR Doc. 95-21171 Filed 8-24-95; 8:45 am]
BILLING CODE 6560-50-M
