[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 20001-20002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10233]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6330-5]


Proposed Administrative Cashout De Minimis Settlement Under 
Section 122(g) of the Comprehensive Environmental Response Compensation 
and Liability Act; In the Matter of Tri-County/Elgin Landfill Site, 
Kane County, IL

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative settlement for recovery of past and projected future 
response costs concerning the Tri-County/Elgin Landfill site in Kane 
County, Illinois, with the settling parties listed in the Supplementary 
Information portion of this document. The settlement requires the 125 
settling parties to pay $2,072,421.00 to the Hazardous Substance 
Superfund.
    The total cost of the cleanup (without adjustments, such as the 
premium and the use of only a percentage of the cost of the groundwater 
component) is $25,649,139.43. This number is the sum of EPA's past 
costs of $2,536,732.00, plus past costs incurred by certain potentially 
responsible parties of $2,039,318.43, plus capital costs of 
$16,650,000.00 for the landfill cap and the gas extraction remedy 
components, plus the capital cost for the groundwater component of 
$3,623,089.00, plus EPA's estimated future oversight cost of 
$800,000.00. For purposes of the de minimis offer, the groundwater 
component costs were adjusted downward, and total future site costs 
were assigned a premium of 30%. These cost adjustments were for reasons 
of fairness. The de minimis generator class' share of responsibility, 
as reflected in the total site costs, was further adjusted by taking 
into consideration other parties, besides generators, who may be liable 
at the site. The generator class' allocated responsibility is 50%, and 
is reflected through a downward adjustment to the Total Site Cost. 
Thus, the generator site cost is 50% of the total site cost (because 
the transporters and the owner/operator also are potentially 
responsible for response costs). The owner/operator and transporter 
classes are assigned responsibility for the portion of the costs not 
assigned to the generator class. Payment amounts for each de minimis 
generator were calculated by multiplying the generator site cost by 
each de minimis generator's percentage share of volume contributed to 
the site.
    Under the terms of the settlement, the de minimis generators who 
sign the Consent Order agree to pay their respective settlement 
amounts. In exchange for those payments, the United States covenants 
not to sue or take administrative action pursuant to sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), relating to the Site. In 
addition, participating de minimis generators will be entitled to 
protection from contribution actions or claims as provided by sections 
113(f) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f) and 9622(g)(5), for 
all response costs incurred and to be incurred by any person at the 
Site.
    For thirty (30) days following the date of publication of this 
document, the Agency will receive written comments relating to the 
settlement. The Agency will consider all comments received and may 
modify or withdraw its consent to the settlement if comments received 
disclose facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at EPA's 
Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604 
and at the Gail Borden Public Library in Elgin.

DATES: Comments must be submitted on or before May 24, 1999.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. A copy of the proposed settlement may be obtained from 
Jeffrey A. Cahn, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 
77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-6670. 
Comments should reference the Tri-County/Elgin Landfill site, Kane 
County, Illinois, and EPA Docket No. V-W-99-C-507, and should be 
addressed to Jeffrey A. Cahn, Associate Regional Counsel, U.S. EPA, 
Mail Code C-14J, 77 W. Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Jeffrey A. Cahn, Associate Regional 
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, 
Illinois 60604, telephone (312) 886-6670.

SUPPLEMENTARY INFORMATION: The following is a list of the settling de 
minimis generators:

ACME Eyelet Stamping Company
ACME Screw Company

[[Page 20002]]

Advance Sheet Metal
Alumax Extrusions, Inc.
Americana Nursing Center
George J. Ball Company
Barker Lumber Co.
Barnharts Standard
Boehringer Mannheim Corp.
Bonnie Dundee Golf Club
Brady Ready Mix
Brunswick Bowling Division
Burren Transfer
Capsonic Group
Carefree Garden Products
Carlith Printers
Central Ink and Chemical
Checker Oil Co.
Chicago Northwestern Railroad
Chicago Title Insurance
City of West Chicago
Clark Oil & Refining Corp.
Clark Outdoor Spraying
Commercial Printing
Commonwealth Edison
Continental Envelope Corp.
Countryside Graphics
Crane Co.
Crest Motel
Crest Photo Lab
Days Gas Station
Dempsey Tool-Engineering
Ditchwitch of Illinois
Dominick's Finer Foods
Dukane Corp.
Dundee Animal Hospital
Dunkin Donut
Dupage County Airport
Dupage County Building Administration
Eaton Corp. Controls Division
Elgin Business Forms
Elgin Corrugated Box
Elgin Country Club
Elgin Courier News
Elgin Die Mold
Elgin Federal Savings
Elgin Key and Lock Co. Inc.
Elgin Realty
Elgin Sanitary District
Elgin State Bank
Elgin Sweeper Co.
Ferdon Plastics
Flex-Weld Inc.
Fox Electric Supply Co.
Fox Valley Marketing System
Glen Oak County Club
Globe Glass
Goodyear
Harbrace Publications
Haumiller Engineering Co.
Hawthorn Realty Group
Head Inc.& Screw Product
SA Healy Co.
Herbs Glass & Mirror
Inlaid Wood Craft
Inland Real Estate
International Harvester
IVCO Inc.
Jel-Sert
Jones Electric Co.
Jurs Auto Service
K Mart Auto
Katy Industries
Kearneys TV and Appliance
Kerr-McGee Chemical Corp.
Lake Cook Farm Supply
Lakeview Screw Machine Products
Lions Photo
Liquid Container
Ludwig Dairy Corp.
Majestic Distributors
Malcor Roofing Co.
Maremont Corp.
McWhorter Tech.
Metropolitan Sanitary Dist.
Municipal Ins. Co. of America
National Tea Co.
Nichols Homeshield
Northern Illinois Gas Co.
Northwestern Chemical Co.
Olsen Electronics
Olympic Controls Corp.
Orkin Exterminating
Otto Engineering
JH Patterson Lbr.
Pierce & Stevens Chemical
Quilt Master Inc.
Radio Shack
Renberg Garage
Rep Corp.
Revere Electric
Rollins Leasing Corp.
Safety Kleen Corp.
Saint Andrews Country Club
Schaumberg Dodge
Seven-Eleven
Seven-Up Bottling Co.
Shaped Wire, Inc.
Shell Oil Co.
So-Fro Fabrics
Spiegel Mail Order
Standard Oil Co.
Star Displays, Inc.
Steves Equipment
Stewart Warner
Suburban Plastics
Taco Bell
Tessendorf Mechanical Ind.
U.S. Life Service
W.J. Dennis Co.
W.R. Meadows
Walgreens Co.
West Chicago State Bank
Woolco Dept. Stores
Zurich-American Ins. Co.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, 
et seq.
William E. Muno,
Director, Superfund Division.
[FR Doc. 99-10233 Filed 4-22-99; 8:45 am]
BILLING CODE 6560-50-P