[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Pages 45811-45812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23031]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5885-3]
Proposed Settlement Under Section 122(g) of the Comprehensive
Environmental Response, Compensation and Liability Act; Tulalip
Landfill Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative settlement and opportunity
for public comment.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') is
proposing to enter into an administrative settlement to resolve claims
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (``CERCLA''). Notice is being
published to inform the public of the proposed settlement and of the
opportunity to comment. The settlement is intended to resolve past and
estimated future liabilities of 8 de minimis parties for costs
incurred, or to be incurred, by EPA at the Tulalip Landfill Superfund
Site in Marysville, Washington.
DATES: Comments must be provided on or before September 29, 1997.
ADDRESSES: Comments should be addressed to Docket Clerk, U.S.
Environmental Protection Agency, Region 10, ORC-158, 1200 Sixth Avenue,
Seattle, Washington 98101, and should refer to In Re Tulalip Landfill
Superfund Site, Marysville, Washington, U.S. EPA Docket No. 10-97-0034-
CERCLA.
FOR FURTHER INFORMATION CONTACT: Elizabeth McKenna, Office of Regional
Counsel (ORC-158), 1200 Sixth Avenue, Seattle, Washington 98101, (206)
553-0016.
SUPPLEMENTARY INFORMATION: In accordance with section 122(i)(1) of
CERCLA, notice is hereby given of a proposed administrative settlement
concerning the Tulalip Landfill hazardous waste site located on Ebey
Island between Steamboat Slough and Ebey Slough in the Snohomish River
delta system between Everett and Marysville, Washington. The Site was
listed on the National Priorities List (``NPL'') on April 25, 1995. 60
FR 20350 (April 25, 1995). Subject to review by the public pursuant to
this document, the agreement has been approved by the United States
Department of Justice. Below are listed the 8 parties who have executed
the proposed Administrative Order on Consent.
Associated Grocers, Inc./Thriftway Stores, Inc.; General Disposal
Corporation; Goodwill Industries; Kaiser Gypsum Company, Inc.; R.M.
Halffman Trucking; The Boeing Company; Safeway Inc.; Washington Iron
Works (Ederer, Inc.).
The EPA is entering into this agreement under the authority of
sections of 122(g), 106 and 107 of CERCLA, 42 U.S.C. 9622(g), 9606 and
9607. Section 122(g) authorizes settlements with de minimis parties to
allow them to resolve their liabilities at Superfund sites without
incurring substantial transaction costs. Under this authority, the
agreement proposes to settle with parties in the Tulalip Landfill case
who each are responsible for less than 1.0% of the volume of hazardous
substances at the site. General Disposal Corporation's volume is
greater than 1.0%, but it is shared with a potentially responsible
party for the site who is not a party to this agreement.
In February and March 1988, EPA contractor Ecology & Environment,
Inc. (``E&E'') performed a site inspection of the landfill for NPL
evaluation. The inspection revealed groundwater contamination with
unacceptably high levels of arsenic, barium, cadmium, chromium, lead,
mercury, and silver. Water samples taken in the wetlands adjacent to
the site showed exceedences of marine chronic criteria for cadmium,
chromium, and lead, as well as exceedences in marine acute criteria for
copper, nickel, and zinc. In addition, a variety of metals were found
in on-site pools and leachate. The study concluded that contamination
was migrating off site. On July 29, 1991, EPA proposed adding the
Tulalip Landfill to the NPL, and on April 25, 1995, with the support of
the Governor of the State of Washington and the Tulalip Tribes of
Washington, EPA published the final rule adding the Site to the NPL.
EPA is performing a Remedial Investigation (``RI'') and Feasibility
Study (``FS'') in two parts pursuant to an Administrative Order on
Consent with several potentially responsible parties. The first part,
which has been completed, evaluated various containment alternatives
for the landfill source area, which includes approximately 147 acres in
which waste was deposited. The second part evaluates the off-source
areas, which include the wetlands and tidal channels that surround the
landfill source area. On March 1, 1996, EPA issued a Record of Decision
that selected an interim remedial action for the source area. The
selected interim remedy requires installation of an engineered, low-
permeability cover over the source area of the landfill, at an
estimated cost of $25.1 million.
The proposed settlement requires each settling party to pay a fixed
sum of money based on their volumetric share. The total amount that may
be recovered from the proposed settlement is $1,624,406.42. The amount
paid will be deposited in the Tulalip Landfill Special Account within
the EPA Hazardous Substances Superfund to be used for the cover over
the source area at the landfill. Upon full payment, each settling party
will receive a release from further civil or administrative liabilities
for the Site and statutory contribution protection under section
122(g)(5), 42 U.S.C. 9622(g)(5).
EPA will receive written comments relating to this proposed
settlement for
[[Page 45812]]
a period of thirty (30) days from the date of this publication.
The proposed agreement may be obtained from Cindy Colgate, Office
of Environmental Cleanup (ECL-113), 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1815. The Administrative Record for this
settlement may be examined at the EPA's Region 10 office located at
1200 Sixth Avenue, Seattle, Washington 98101, by contacting Bob
Phillips, Superfund Records Manager, Office of Environmental Cleanup
(ECL-110), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
6699.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 41 U.S.C. 9601-9675.
Charles E. Findley,
Acting Regional Administrator.
[FR Doc. 97-23031 Filed 8-28-97; 8:45 am]
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