[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Notices]
[Page 56336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27694]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5328-3]


Proposed CERCLA Section 122(h)(1) Administrative Cost Recovery 
Settlement for the Denune/Westfall Site

AGENCY: U.S. Environmental Protection Agency (``U.S. EPA'').

ACTION: Proposal of CERCLA Section 122(h)(1) Administrative Cost 
Recovery Settlement for the Denune/Westfall Site.

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SUMMARY: U.S. EPA proposes to address the potential liability of Mr. 
Harry C. Denune and Dixie Distributing Company (the ``Settling 
Parties'') under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9601 et 
seq., as amended by the Superfund Amendments and Reauthorization Act of 
1986 (``SARA''), Pub. L. 99-499, for past costs incurred in connection 
with a federal fund lead removal action conducted at the Denune/
Westfall Site (``the Site'') located in Columbus, Ohio. The U.S. EPA 
proposes to address the potential liability of the Settling Parties by 
execution of a CERCLA Section 122(h)(1) Administrative Cost Recovery 
Settlement (``AOC'') prepared pursuant to 42 U.S.C. 9622(h)(1). The key 
terms and conditions of the AOC may be briefly summarized as follows: 
(1) the Settling Parties agree to pay U.S. EPA $70,000.00 in 
satisfaction of claims for past costs incurred at the Site in 
connection with site sampling and analyses and the removal and disposal 
of 13 drums of PCB-contaminated oil, 1 drum of PCB-contaminated 
capacitors and 4 transformer carcasses; (2) the Settling Parties agree 
to waive all claims against the United States that arise out of 
response activities conducted at the Site; and (3) U.S. EPA affords the 
Settling Parties a convenant not to sue for past costs incurred during 
the removal action and contribution protection as provided by CERCLA 
Sections 113(f)(2) and 122(h)(4) upon satisfactory completion of 
obligations under the Settlement. However, U.S. EPA is free to pursue 
any other necessary and appropriate judicial and administrative relief 
against the Settling Parties. The Site is not on the NPL, and no 
further response activities at the Site are anticipated at this time. 
Because the total response costs that were incurred at the Site are 
less than $500,000, approval of the settlement by the Attorney General 
is not required.

DATES: Comments on the proposed AOC must be received by U.S. EPA on or 
before December 8, 1995.

ADDRESSES: A copy of the proposed AOC is available for review at U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please contact Mike Anastasio at (312) 886-7951, prior to visiting the 
Region 5 office.
    Comments on the proposed AOC should be addressed to Mike Anastasio, 
Office of Regional Counsel, U.S. EPA, Region 5, 77 West Jackson 
Boulevard (Mail Code CS-29A), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Mike Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of 
Regional Counsel.
    A 30-day period, commencing on the date of publication of this 
notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C. 
9622(i), for comments on the proposed AOC. Comments should be sent to 
the addressee identified in this notice.
Barry C. DeGraff,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 5.
[FR Doc. 95-27694 Filed 11-7-95; 8:45 am]
BILLING CODE 6560-50-M