95-23109. Jack's Creek/Sitkin Smelting Superfund Site de Minimis Settlement; Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation and Liability Act

[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Pages 48109-48110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23109]



-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5297-2]


Jack's Creek/Sitkin Smelting Superfund Site de Minimis 
Settlement; Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation and Liability Act

Agency: United States Environmental Protection Agency.

Action: Request for public comment.

-----------------------------------------------------------------------

Summary: The United States Environmental Protection Agency is 

[[Page 48110]]
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 liability under 
CERCLA of Joseph Smith and Sons, Inc. (``Joseph Smith''), 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 October 18, 1995.

Address: Comments should be addressed to the Docket Clerk, United 
States Environmental Protection Agency, Region III, 841 Chestnut 
Building, Philadelphia, Pennsylvania, 19107, and should refer to: In 
Re: Jack's Creek/Sitkin Smelting Superfund Site, Maitland County, 
Pennsylvania, U.S. EPA Docket No. III-94-40-DC.

For Additional Information Contact: Daniel Isales [phone], or 
Pamela Lazos [phone], United States Environmental Protection 
Agency, Office of Regional Counsel, (3RC22), 841 Chestnut Building, 
Philadelphia, Pennsylvania, 19107.

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, Region 
III's Regional Administrator on June 30, 1995 and is subject to review 
by the public pursuant to this Notice. The agreement is also subject to 
the approval of the Attorney General, United States Department of 
Justice or her designee and for the grant of a covenant not to sue for 
damages to natural resources, is also subject to agreement in writing 
by the Department of the Interior (``DOI'').
    The settling party has agreed to pay $14,066.18 to United States 
Environmental Protection Agency toward EPA CERCLA response costs and 
$506.25 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 from the Environmental 
Protection Agency, Region III, Office of Regional Counsel, (3RC20), 841 
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting 
Daniel Isales at [phone] or Pamela Lazos at [phone].

W.T. Wisniewski,

Acting Regional Administrator, EPA Region III.

[FR Doc. 95-23109 Filed 9-15-95; 8:45 am]

BILLING CODE 6560-50-P