[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Page 5983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3219]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5687-2]


Notice of Proposed Administrative Order on Consent Pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act, as Amended by the Superfund Amendments and Reauthorization Act; In 
Re Michigan Disposal Service Superfund Site, Kalamazoo, Michigan

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (``CERCLA''), as amended, notice 
is hereby given that an administrative order on consent concerning the 
Michigan Disposal Service Superfund Site (``the Site'') was issued by 
the Agency on September 12, 1996. Subject to review by the public 
pursuant to this Notice, the agreement was approved by the United 
States Department of Justice on December 2, 1996. Under the terms of 
the Agreement, the City of Kalamazoo, Michigan Disposal Service 
Corporation and the Michigan Disposal Service Liquidating Trust have 
agreed to perform certain pre-remedial design tasks at the Site and 
reimburse EPA 100% of its oversight response costs for this work. These 
pre-remedial design tasks partially implement the remedy selected in 
the Record of Decision for the Site which was issued by EPA on 
September 30, 1991. Additionally, the Pharmacia & Upjohn Company and 
the Kalamazoo County Board of Commissioners will contribute $250,000 
into a trust fund to be used for pre-design work at the Site. In 
exchange for these commitments, the United States covenants not to sue 
the parties for any and all civil liability for injunctive relief or 
reimbursement of response costs pursuant to Section 106 or 107(a) of 
CERCLA or Section 7003 of RCRA for performance of the pre-design work 
or reimbursement of past response costs.

DATES: The Environmental Protection Agency will receive written 
comments relating to this settlement for thirty days from the date of 
publication of this Notice.

ADDRESSES: Comments should be addressed to Richard M. Murawski, 
Assistant Regional Counsel, U.S. Environmental Protection Agency, 
Region 5, Mail Code: C-29A, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590, and should refer to the Michigan Disposal Service 
Superfund Site, Kalamazoo, Michigan.

FOR FURTHER INFORMATION CONTACT: A copy of the settlement agreement and 
additional background information relating to the settlement are 
available for review and may be obtained in person or by mail from 
Richard M. Murawski, Assistant Regional Counsel, U.S. Environmental 
Protection Agency, Mail Code: C-29A, 77 W. Jackson Blvd., Chicago, 
Illinois 60604.

SUPPLEMENTARY INFORMATION:

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 
Sections 9601-9675.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 97-3219 Filed 2-7-97; 8:45 am]
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