[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Notices]
[Page 35174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17039]



[[Page 35174]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5850-8]


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act; Saco Municipal 
Landfill Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement agreement and request for public 
comment.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) and the Maine 
Department of Environmental Protection are proposing a settlement to 
address claims under the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 
9601 et seq. A public notice is being published to inform the public of 
the settlement and provide opportunity to comment. The settlement would 
require implementation of a non-time-critical removal action and would 
resolve the liability under CERCLA of the City of Saco and 11 
generators of hazardous waste disposed of at the Saco Municipal 
Landfill for past costs incurred by EPA in connection with remedial 
investigations, enforcement and access actions, and Site oversight.

DATES: Comments must be provided on or before July 30, 1997.

ADDRESSES: Comments should be addressed to Mary Jane O'Donnell, U.S. 
Environmental Protection Agency, Region I, JFK Federal Building, 
Mailcode HBT, Boston, Massachusetts 02203, and should refer to: 
Proposed Administrative Agreement under 122 (h) of the Comprehensive 
Environmental Response, Compensation and Liability Act; RE: Saco 
Municipal Landfill Superfund Site.

FOR FURTHER INFORMATION CONTACT: Mary Jane O'Donnell, U.S. 
Environmental Protection Agency, JFK Federal Building, Mailcode HBT, 
Boston, Massachusetts 02203, (617) 573-5780.

SUPPLEMENTARY INFORMATION: In accordance with the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERCLA), 42 U.S.C. 9601 et seq., notice is hereby given of an 
Administrative Order on Consent to implement a non-time-critical 
removal action and a proposed administrative settlement under 122(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act. The settlement was approved by EPA, Region I and the Department of 
Justice subject to review by the public pursuant to this notice.
    The City of Saco and 11 generators have committed to participating 
in the settlement. Under the proposed settlements, the City of Saco 
will implement a non-time critical removal action at the Saco Municipal 
Landfill Superfund Site in Saco, Maine. This work will include the 
design, construction, operation and long-term maintenance and 
monitoring of the effectiveness of the landfill cap. This agreement 
also requires the excavation of contaminated sediments from an area 
close to the landfill and consolidation of the excavated sediments with 
waste material in the landfill. The work is expected to cost 
approximately $6 million. The City will also pay EPA costs if the 
agency takes over the work; pay EPA's enforcement and access costs; and 
pay EPA's oversight costs in excess of $400,000. The remaining eleven 
settling parties will pay approximately $1 million to the City to help 
pay for the work. The City has completed the design of the landfill cap 
and will start construction soon. The settling parties, including the 
City of Saco, are released from their liability for past costs of 
roughly $1.5 million.
    This settlement embraces the orphan share reform, which is one of 
Administrator Carol Browner's Administrative Reforms for the Superfund 
program. As authorized by this reform, this settlement releases the 
settling parties from the obligation to pay past costs up to 25% of the 
costs of the cleanup.
    EPA is entering into this agreement under the authority of CERCLA 
section 101 et seq., which provides EPA with authority to consider, 
compromise, and settle a claim under sections 106 and 107 of CERCLA for 
costs incurred by the United States if the claim has not been referred 
to the U.S. Department of Justice for further action. EPA will receive 
written comments relating to this settlement for thirty (30) days from 
the date of publication of this document.
    A copy of the proposed administrative settlement may be obtained in 
person or by mail from Diane Nye, U.S. Environmental Protection Agency, 
JFK Federal Building, Mailcode SES, Boston, Massachusetts 02203, (617) 
565-3658.

    EPA's response to any comments received will be available for 
public inspection with the Docket Clerk, U.S. Environmental Protection 
Agency, Region I, JFK Federal Building, Mailcode RCG, Boston, 
Massachusetts 02203 (U.S. EPA Docket No. CERCLA-I-97-).
    Dated: June 19, 1997.
John DeVillars,
Regional Administrator.
[FR Doc. 97-17039 Filed 6-27-97; 8:45 am]
BILLING CODE 6560-50-P