[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