[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Notices]
[Pages 50942-50943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25754]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5899-5]


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act; In Re: Cohen 
Property Superfund Site; Taunton, MA

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
enter into a prospective purchaser agreement to address claims under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (CERCLA), 42 U.S.C. 9601 et seq. This document 
is being published to inform the public of the proposed settlement and 
of the opportunity to comment. The settlement is intended to resolve 
the liability under CERCLA of the City of Taunton, Massachusetts and 
certain successors-in-title who may become parties to this agreement, 
for injunctive relief and for costs incurred or to be incurred by EPA 
in conducting response actions at the Cohen Property Superfund Site in 
Taunton, Massachusetts.

DATES: Comments must be provided on or before October 29, 1997.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region I, JFK Federal Building, 
Mailcode RAA, Boston, Massachusetts 02203, and should refer to: In re: 
City of Taunton, Massachusetts, U.S. EPA Docket No. CERCLA-I-97-1079.

FOR FURTHER INFORMATION CONTACT: Beth Tomasello, U.S. Environmental 
Protection Agency, Region I, J.F.K. Federal Building, Mailcode SEL, 
Boston, Massachusetts 02203, (617) 565-3455.

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 a 
proposed prospective purchaser agreement concerning the Cohen

[[Page 50943]]

Property Superfund Site in Taunton, Massachusetts. The settlement was 
approved by EPA Region I on September 9, 1997, and by the U.S. 
Department of Justice on September 16, 1997 subject to review by the 
public pursuant to this document. The City of Taunton, Massachusetts 
has executed a signature page committing them to participate in the 
settlement. Under the proposed settlement, the City has agreed to: (1) 
Allow EPA to dispose of up to 15,000 tons of contaminated soil which 
passes EPA's Toxicity Characteristic Leaching Procedure (``TCLP'') in 
the Taunton Landfill, saving EPA up to $1 million in response costs; 
(2) perform Operation & Maintenance and long-term monitoring on the 
Site, which will save EPA approximately $170,000 over 30 years; (3) 
pave a portion of the Site which eliminates the need for EPA to cover 
that portion of the Site with an impermeable cap; (4) purchase a 
portion of the Site from an adjoining property owner to consolidate the 
contaminated property under common ownership; and (5) abide by 
institutional controls and to provide access to the Site. In exchange, 
the Settling Respondent is granted a covenant not to sue under CERCLA 
and protection from contribution actions or claims under CERCLA with 
respect to the existing contamination at the site. EPA believes the 
settlement is fair and in the public interest.
    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 Beth Tomasello, U.S. Environmental Protection 
Agency, Region I, JFK Federal Building, Mailcode SEL, Boston, 
Massachusetts 02203, (617) 565-3455.
    The Agency'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 RAA, 
Boston, Massachusetts 02203 (U.S. EPA Docket No. CERCLA-I-97-1079).

    Dated: September 16, 1997.
John P. DeVillars,
Regional Administrator.
[FR Doc. 97-25754 Filed 9-26-97; 8:45 am]
BILLING CODE 6560-50-P