[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31337]


[[Page Unknown]]

[Federal Register: December 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5126-5]

 

Old City of York Landfill 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.

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SUMMARY: The United States Environmental Protection Agency is proposing 
to enter into an administrative cost recovery settlement pursuant to 
Sections 122(g)(4) and (h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9622(g)(4) and (h). This proposed settlement is intended to 
resolve the liabilities under CERCLA of 11 de minimis parties for costs 
incurred and to be incurred for response actions at the Old City of 
York Landfill Site, York County, Pennsylvania.

DATES: Comments must be provided on or before January 20, 1995.

ADDRESSES: Comments should be addressed to Suzanne Canning, United 
States Environmental Protection Agency, Region III, Regional Docket 
Clerk (3RC00), 841 Chestnut Building, Philadelphia, Pennsylvania, 
19107, and should refer to: Old City of York Landfill Site, York 
County, Pennsylvania, and U.S. EPA Docket No. III-94-24-DC.

FOR FURTHER INFORMATION CONTACT: Patricia C. Miller, Senior Assistant 
Regional Counsel, United States Environmental Protection Agency, Office 
of Regional Counsel, (3RC22), 841 Chestnut Building, Philadelphia, 
Pennsylvania, 19107, (215) 597-3440.

SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In 
accordance with Section 122(i)(1) of CERCLA, 42 U.S.C. 9622(i)(1), 
notice is hereby given of a proposed administrative settlement 
concerning the Old City of York Landfill Site in York County, 
Pennsylvania. The administrative settlement was signed by the 
United States Environmental Protection Agency, Region III's 
Regional Administrator on September 23, 1994 and is subject to 
review by the public pursuant to this Notice. The proposed 
settlement has received the prior written approval of the Attorney 
General, United States Department of Justice or her designee. Below 
are listed the parties who have executed binding certifications of 
their consent to participate in the settlement:

A.B. Chance Company/Emerson Electric
BMY-Combat Systems
Certainteed
Keystone Colorworks
Molycorp
Root Corporation
Schmuck's Cleaners
SHC Liquidating
York Hospital
York International
York Wallcoverings

    These 11 parties collectively agreed to pay $819,140.48 to the 
United States Environmental Protection Agency subject to the 
contingency that the United States 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 (h) of CERCLA, 42 U.S.C. 9622 (g) and (h). Section 122 (g) 
and (h) of CERCLA, 42 U.S.C. 9622 (g) and (h), authorizes early 
settlements with de minimis parties to allow them to resolve their 
liabilities under, inter alia, Sections 106 and 107 of CERCLA, 42 
U.S.C. 9606 and 9607, to reimburse the United States for response costs 
incurred and to be incurred in cleaning up Superfund sites without 
incurring substantial transaction costs. Under this authority the 
Environmental Protection Agency proposes to settle with potentially 
responsible parties at the Old City of York Landfill Site who are 
responsible for less than 1 percent of the total volume of waste at the 
Site and either sent trash-like waste that contained a relatively low 
concentration of hazardous substances, or sent very small amounts of 
waste mixtures containing solvents to the site.
    The de minimis parties listed above will be required to pay their 
per capita share of the past costs associated with
the Site through November 9, 1993, subject only to ability to pay 
showings made by two parties, their volumetric share of the remedial 
costs incurred and to be incurred at the Old City of York Landfill 
Site, and a 200% premium on the remedial costs.
    The Environmental Protection Agency will receive written comments 
to this proposed administrative settlement for thirty (30) days from 
the date of publication of this Notice. A copy of the proposed 
Administrative Order on Consent can be obtained from Suzanne Canning, 
Regional Docket Clerk, United States Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107, 
(215) 597-8913.

    Dated: December 9, 1994.
Stanley Laskowski,
Acting Regional Administrator, United States Environmental Protection 
Agency, Region III.
[FR Doc. 94-31337 Filed 12-20-94; 8:45 am]
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