[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25199]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5089-1]

 

Proposed De Minimis Settlement Under Section 122(g) of the 
Comprehensive Environmental Response, Compensation and Liability Act; 
In the Matter of MIG/Dewane Landfill, Belvidere, IL

AGENCY: U.S. Environmental Protection Agency.

ACTION: Request for public comment.

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

SUMMARY: Notice of De Minimis Settlement: in accordance with Section 
122(i)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given 
of a de minimis settlement concerning past and estimated future 
response actions at the MIG/Dewane Landfill, Belvidere, Illinois. U.S. 
EPA Region 5 has submitted the proposed agreement to the U.S. 
Department of Justice for review concurrent with this request for 
public comment. This settlement will not be finalized until the 
approval process set forth in Section 122(g)(4) of CERCLA has been 
completed.

DATES: Comments must be provided on or before November 14, 1994.

ADDRESSES: Comments should be addressed to Mary Tierney (Mail Code 
HSRL-6J), Remedial Project Manager, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604, and should 
refer to: In the Matter of MIG/Dewane Landfill, Docket No. V-W-94-C-
254.

FOR FURTHER INFORMATION CONTACT:
Thomas C. Jacobs, (Mail Code CS--29A), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: One hundred forty-one parties executed 
binding certifications of their consent to participate in the 
settlement. These parties will pay approximately $2,800,000 in 
settlement payments for response costs related to the MIG/Dewane 
Landfill Site, if the United States Environmental Protection Agency 
determines that it will not withdraw or withhold its consent to the 
proposed settlement after consideration of comments submitted pursuant 
to this notice.
    U.S. EPA may enter into this settlement under the authority of 
Section 122(g) of CERCLA. Section 122(g) authorizes de minimis 
settlemants with potentially responsible parties (``PRPs'') that 
contributed hazardous substances to a site where those contributions 
were small and where the toxicity of the substances contributed is not 
significantly different from the other agreement proposed to settle 
with parties who are each responsible for less than 00.60% of the total 
volume of hazardous substances sent to the site. Settling de minimis 
PRPs will be required to pay their fair share of the past and estimated 
future response costs at the site. The settlement payment amount 
includes three levels of premiums against estimated total response 
costs to account for potential cost overruns, the potential for failure 
of the remedies selected to clean up the site, and other risks. The 
three levels are 50% (for those Settling PRPs who are signatories to 
the 1991 Administrative Order on Consent for Remedial Investigation/
Feasibility Study at the MIG/Dewane Landfill), 100% (for those Settling 
PRPs who did not receive general or special notice of potential 
liability prior to the de minimis settlement notice), and 200% (for 
those parties who received general or special notice of potential 
liability prior to the 1991 Administrative Order on Consent but who did 
not choose to sign the order)
    A copy of the proposed Administrative Order on Consent and 
additional background information relating to the settlement, including 
a list of parties to the settlement, are available for review and may 
be obtained in person or by mail from Thomas C. Jacobs (Mail Code CS--
29A), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    The U.S. Environmental Protection Agency will receive written 
comments relating to this settlement for thirty days from the date of 
publication of this notice.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 
Sections 9601 et seq.
Williams E. Muno,
Director, Waste Management Division.
[FR Doc. 94-25199 Filed 10-11-94; 8:45 am]
BILLING CODE 6560-50-M