[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Notices]
[Page 40372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18999]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6402-7]


Proposed Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act; In the Matter 
of Lakeland Disposal Service, Inc., Claypool, IN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: Notice of de minimis Settlement: In accordance with section 
112(i)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (CERCLA), EPA gives notice of a 
proposed administrative settlement concerning the remedial action at 
the Lakeland Disposal Service, Inc., Superfund Site, Claypool, County 
at Kosciusko, Indiana (the Site). The proposed agreement will resolve 
issues concerning one individual de minimis landowner at the site. EPA 
has previously submitted the proposed agreement to the U.S. Department 
of Justice for review and has received its approval for the proposed 
agreement via letter dated June 6, 1997.

DATES: Comments must be provided on or before August 25, 1999.

ADDRESSES: Barbara Wester (C-14J), Office of Regional Counsel, U.S. 
Environmental Protection Agency, Region 5, 77 W. Jackson Boulevard, 
Chicago, Illinois 60605-3590. Include the following name of the matter 
in the comment: In the Matter of Lakeland Disposal Service Inc., 
Claypool, Indiana, U.S. EPA Docket No. V-W-97-C-397.

FOR FURTHER INFORMATION CONTACT: Barbara Wester (C-14J), Office of 
Regional Counsel, U.S. Environmental Protection Agency, Region 5, 77 W, 
Jackson Boulevard, Chicago, Illinois 60604-3590.

SUPPLEMENTARY INFORMATION: The following parties have executed binding 
certifications of their consent to participate in the settlement: Dana 
Corporation; Eaton Corporation; General Motors Corporation; United 
Technologies Automotive, Inc.; and Warsaw Black Oxide, Inc. 
(collectively, the UAO Group); David W. Poage, an individual; and the 
Director, Superfund Division, U.S. Environmental Protection Agency, 
Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 60604-3590. 
Summary of the settlement: David W. Poage owns approximately seven and 
one-half (7.5) acres of property located entirely within the boundaries 
of the Site and did not himself contribute any wastes to the Site. The 
Record of Decision (ROD) for the Site, issued on September 28, 1993, 
contemplated that deed restrictions and institutional controls would be 
an important part of the remedy.
    The Settlement provides: that the UAO Group will compensate Mr. 
Poage for the loss of use of his property; that Mr. Poage will 
establish the contractual access provisions and deed restrictions 
necessary to effect the on-going remediation of the Site proscribed by 
the ROD; and that Mr. Poage will convert these contractual promises to 
the form of an environmental easement, if EPA requests that he do so.
    EPA will receive written comments relating to this settlement 
agreement for a period of thirty (30) days from the date of publication 
of this document. Under CERCLA section 122(i)(3), EPA will consider any 
comments filed during this public comment period in ``determining 
whether or not to consent to the proposed settlement and may withdraw 
or withhold consent to the proposed settlement if such comments 
disclose facts or considerations which indicate the proposed settlement 
is inappropriate, improper, or inadequate.''
    Copies of the proposed administrative settlement agreement and of 
additional background information relating to the settlement are 
available for review. These may be obtained in person at the Superfund 
Division's public records center, 7th Floor, U.S. Environmental 
Protection Agency, Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 
60604-3590, or by mail from Barbara Wester (C-14J), Office of Regional 
Counsel, U.S. Environmental Protection Agency, Region 5, 77 W. Jackson 
Boulevard, Chicago Illinois 60604-3590.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601-
9675.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 99-18999 Filed 7-23-99; 8:45 am]
BILLING CODE 6560-50-M