[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67811-67812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32661]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5669-6]


Notice of Proposed Administrative Settlement Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as Amended by the Superfund Amendments and Reauthorization 
Act; Sussex County Landfill No. 5 Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request 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), notice is hereby given of a 
proposed administrative cost recovery settlement concerning the Sussex 
County Landfill No. 5 Superfund Site, Laurel, Sussex County, Delaware 
(Proposed Settlement).
    The Proposed Settlement with Sussex County, Delaware (Settling 
Party) has been approved by the Attorney General, or her designee, of 
the United States Department of Justice. The Proposed Settlement was 
signed by the Regional Administrator of the U.S. Environmental 
Protection Agency (EPA), Region III, on December 13, 1996, pursuant to 
Section 122(h) of CERCLA,

[[Page 67812]]

42 U.S.C. 9622, and is subject to review by the public pursuant to this 
notice. The Proposed Settlement resolves EPA's claim for past response 
costs under Section 107 of CERCLA, 42 U.S.C. 9607, against the Settling 
Party, and requires the Settling Party to make two payments of EPA's 
past response costs totalling $381,536.23. The first payment of 
$335,524.81 represents reimbursement EPA's costs to oversee the 
Settling Party's conduct of the Remedial Investigation at the Site. 
That amount does not include $8,596.80 in EPA's oversight costs 
attributable to start-up costs to oversee the Settling Party's conduct 
of a Feasibility Study, the preparation of which EPA determined not to 
be necessary. The second payment of $46,011.42 represents a partial 
reimbursement of other unreimbursed past costs incurred by EPA in 
connection with the Site as set forth in the EPA Financial Management 
System as of October 5, 1994.
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating to the proposed 
settlement. EPA will consider all comments received and may withdraw or 
withhold consent to the proposed settlement if such comments disclose 
facts or considerations which indicate the proposed settlement is 
inappropriate, improper, or inadequate. EPA's response to any written 
comments received will be available for public inspection at the U.S. 
Environmental Protection Agency, Region III, 841 Chestnut Building, 
Philadelphia, PA 19107.

DATES: Comments must be provided on or before January 23, 1997.

ADDRESSES: The proposed settlement agreement is available for public 
inspection at the U.S. Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107. A copy of the proposed 
settlement agreement may be obtained from Suzanne Canning, Regional 
Docket Clerk (3RC00), U.S. Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, PA 19107; telephone number (215) 566-
2476. Comments should reference the ``Sussex County Landfill No. 5 
Superfund Site'' and ``EPA Docket No. III-96-72-DC'' and should be 
forwarded to Suzanne Canning at the above address.

FOR FURTHER INFORMATION CONTACT: Michael A. Hendershot (3RC33), (215) 
566-2641, U.S. Environmental Protection Agency, 841 Chestnut Street, 
Philadelphia, Pennsylvania 19107.

    Dated: December 13, 1996.
W. Michael McCabe,
Regional Administrator, U.S. Environmental Protection Agency, Region 
III.
[FR Doc. 96-32661 Filed 12-23-96; 8:45 am]
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