[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Notices]
[Page 14709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7938]



[[Page 14709]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5987-1]


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). Notification 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 11 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 April 27, 1998.

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. 10-98-0027-
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, notification 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). Subject to review by the public 
pursuant to this Notice, the agreement has been approved by the United 
States Department of Justice. Below are listed the 11 parties who have 
executed the proposed Administrative Order on Consent:
    Ace Tank & Equipment Co.; Bill Pierre Ford; Crowley Marine 
Services, Inc./Puget Sound Tug & Barge; Delta Marine; Evergreen 
Washelli Memorial Park Co., Inc.; McFarland Wrecking Corporation; 
Mehrer Drywall, Inc.; Peoples National Bank (U.S. Bank of Washington, 
N.A.); Sato Corporation; Seafood Processing (CITYICE Cold Storage); 
Smith & Son, Inc.
    The EPA is entering into this agreement under the authority of 
sections 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 0.2% of the volume of hazardous 
substances at the site.
    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 to be 
recovered from the proposed settlement is $238,283. 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) of CERCLA, 42 U.S.C. 9622(g)(5).
    EPA will receive written comments relating to this proposed 
settlement for 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. 98-7938 Filed 3-25-98; 8:45 am]
BILLING CODE 6560-50-U