[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Notices]
[Pages 2823-2824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1464]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5404-4]


Notice of Proposed Administrative Settlement Pursuant to Section 
122(h)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act Regarding the Kin-Buc Landfill Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative settlement and opportunity 
for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), 42 U.S.C. 9622(i), the United States 
Environmental Protection Agency (``EPA''), Region II announces an 
administrative settlement pursuant to Section 122(h)(1) of CERCLA, 42 
U.S.C. 9622(h)(1) regarding the Kin-Buc Landfill Superfund Site (the 
``Kin-Buc Site'').
    The Kin-Buc Site is located in Edison Township, Middlesex County, 
New Jersey and is listed on the National Priorities List established 
under Section 105 of CERCLA. This notice is being published pursuant to 
Section 122(i) of CERCLA to inform the public of the proposed 
settlement and of the opportunity to comment. EPA will consider any 
comments received during the comment period and may withdraw or 
withhold consent to the proposed settlement if comments disclose facts 
or considerations which indicate that the proposed settlement is 
inappropriate, improper or inadequate.
    The administrative settlement would resolve the claims of the 
United States against I.S.A. In New Jersey, Inc. (``ISA'') and Round 
Lake Sanitation Corporation (``Round Lake'') with respect to their 
potential liability for past costs incurred by EPA pursuant to CERCLA 
in responding to the release and threatened release of hazardous 
substances at the Kin-Buc Site. The settlement is memorialized in an 
Administrative Cost-Recovery Agreement (``Agreement''). Under the 
Agreement, ISA and Round Lake are obligated to pay $5,000 to the 
Hazardous Substances Superfund. The payment is to be made from an 
escrow account established for ISA and Round Lake as stated below. The 
settlement is based on the ability to pay of ISA and Round Lake in that 
these corporations are defunct and have no assets other than the monies 
in escrow.
    In 1991, ISA, Round Lake, and other entities and individuals were 
indicted by a grand jury empaneled in the United States District Court 
for the Southern District of New York on numerous federal felony 
charges. According to a subsequent plea agreement, the assets of ISA 
and Round Lake, and other entities, were required to be sold to 
unrelated third parties. In 1994, the United States entered into an 
Agreement and Covenant Not To Sue under CERCLA with Browning-Ferris 
Industries of New York, Inc.; Browning-Ferris Industries of Paterson, 
N.J., Inc.; and Browning-Ferris Industries of South Jersey, Inc. 
(collectively ``BFI'') regarding BFI's prospective purchase of the 
assets of ISA, Round Lake, and the other entities. BFI paid $250,000 to 
the United States for an Agreement and Covenant Not To Sue, of which 
$1,250 was allocated to the Kin-Buc Site, and the balance of which was 
allocated to three other Superfund sites: The Warwick Landfill 

[[Page 2824]]
Superfund Site in Warwick, New York (the ``Warwick Site''), the Hertel 
Landfill Superfund Site in the Town of Plattekill, New York (the 
``Hertel Site'') and the Ramapo Landfill Superfund Site in the Town of 
Ramapo, New York (the ``Ramapo Site''). BFI completed the acquisition 
of the assets of ISA, Round Lake, and the other entities and, in 
connection therewith, ISA and Round Lake deposited $1,000,000 of the 
sale price into an escrow account established to resolve certain 
liability to the United States pursuant to CERCLA at the Kin-Buc Site, 
the Warwick Site, the Hertel Site and the Ramapo Site. The balance of 
the proceeds of BFI's purchase of the assets of ISA, Round Lake, and 
the other entities was used to pay other obligations of ISA and Round 
Lake including $5,000,000 in criminal fines, forfeitures and costs, 
$3,500,000 in federal and state tax liability, and $300,000 of 
liabilities to other creditors.
    The remedial action which has been selected at the Kin-Buc Site is 
being implemented by parties other than ISA or Round Lake. The bulk of 
EPA's past costs at the Kin-Buc Site have been recovered from parties 
other than ISA or Round Lake, and the remaining costs at the Kin-Buc 
Site may be recovered from parties other than ISA or Round Lake.
    Pursuant to CERCLA Section 122(h)(1), the prior written approval of 
the Attorney General is required for the administrative settlement 
under CERCLA between EPA and ISA and Round Lake. In satisfaction of 
that requirement, the Attorney General or her designee has approved the 
proposed settlement in writing.

DATES: Comments must be submitted on or before February 28, 1996.

ADDRESSES: Comments should be addressed to the EPA at the address 
listed below, and should refer to ``Kin-Buc Landfill Superfund Site, 
EPA Index No. II CERCLA-95-0114''. Interested parties may contact the 
individual listed below to receive a copy of either or both 
administrative settlement agreements, or to make an appointment to 
examine either or both administrative settlement agreements at EPA 
Region II, 290 Broadway, New York, NY, 10007.

FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional 
Counsel, NY/Caribbean Superfund Branch, Office of Regional Counsel, 
Environmental Protection Agency, 290 Broadway, New York, N.Y. 10007, 
telephone: (212) 637-3168.

    Dated: November 30, 1995.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 96-1464 Filed 1-26-96; 8:45 am]
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