[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38401-38402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18990]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6125-3]


Proposed Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act; Allied Waste 
Systems, Inc. and Prestige Foods Corporation

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: Notice of De Minimis Settlement: In accordance with section 
122(I)(1) of the Comprehensive

[[Page 38402]]

Environmental Response, Compensation and Liability Act of 1984, as 
amended (CERCLA), notification is hereby given of a proposed 
administrative settlement concerning the Muskego Sanitary Landfill 
hazardous waste site north of State Highway 24 and east of Crowbar Road 
in Muskego, Wisconsin. The agreement was proposed by EPA Region 5 on 
January 12, 1998. Subject to review by the public pursuant to this 
document, the agreement has been approved by the United States 
Department of Justice. Allied Waste Services, Inc. and Prestige Foods 
Corporation have executed binding certifications of their consent to 
participate in the settlement.

DATES: Comments must be provided on or before August 17, 1998.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590, and should refer to: In Re Muskego 
Sanitary Landfill, Muskego, Wisconsin, U.S. EPA Docket No. V-W-98C-484.

FOR FURTHER INFORMATION CONTACT:
Thomas J. Krueger, U.S. Environmental Protection Agency, Office of 
Regional Counsel, C-14J, 77 West Jackson Boulevard, Chicago, Illinois 
60604-3590, (312) 886-0562.

SUPPLEMENTARY INFORMATION: EPA is entering into this agreement under 
the authority of section 122(g) and 107 of CERCLA. Section 122(g) 
authorizes early settlements with de minimis parties to allow them to 
resolve their liabilities at Superfund sites without incurring 
substantial transaction costs. Under the proposed settlement, these 
parties would agree not to sue the United States for any claims arising 
out of the response actions taken at the Muskego Sanitary Landfill 
site. In exchange for that covenant, and in consideration of payments 
these parties have already made toward performance of response actions 
at the site, EPA would provide a covenant not to sue the settling 
parties and the contribution protection provided by sections 113(f)(2) 
and 122(g)(5) of CERCLA, 42 U.S.C. sections 9613(f)(2) and 9622(g)(5). 
EPA has determined that the amount of hazardous substances contributed 
to the site by the proposed settlors, and the toxic and hazardous 
effects of the hazardous substances contributed to the site by the 
proposed settlors, is minimal in comparison to other hazardous 
substances at the site.
    The Environmental Protection Agency will receive written comments 
relating to this agreement for 30 days from the date of publication of 
this document.
    A copy of the proposed administrative settlement agreement may be 
obtained in person or by mail from the EPA's Region 5 Office of 
Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590. Additional background information relating to the settlement is 
available for review at the EPA's Region V Office of Regional Counsel.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended, 42 U.S.C. sections 
9601-9675.
David A. Ullrich,
Acting Regional Administrator, Region V.
[FR Doc. 98-18990 Filed 7-15-98; 8:45 am]
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