[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Notices]
[Pages 54523-54524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23150]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6866-8]


Proposed Administrative Cashout ``Ability to Pay'' Settlement 
Under Section 122(h)(1) of the Comprehensive Environmental Response 
Compensation and Liability Act; In the Matter of Powell Road Landfill, 
Dayton, Montgomery County, OH

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

[[Page 54524]]

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 Powell Road Landfill site in Montgomery 
County, Ohio, with Central State University. The settlement requires 
Central State University to pay $1,000 to the Hazardous Substance 
Superfund.
    The total cost of the cleanup is $26,925,537. This includes 
$4,735,2237, which represents Waste Management, Inc.'s past costs, 
including EPA oversight through December 31, 1996, and estimated future 
costs, including future oversight, of $22,940,300. EPA reduced the 
estimated future cost figure by $750,000 to account for certain 
generators who are insolvent or defunct. U.S. EPA's consultant, 
Industrial Economics, Inc., determined that based on the financial 
records supplied by Central State, Central State had no currently 
available resources to contribute to the cost of clean-up. Accordingly, 
U.S. EPA concluded that a payment of $1,000 was sufficient to resolve 
Central State's CERCLA liability. The financial analysis of U.S. EPA's 
consultant is attached to the Administrative Order on Consent as 
Attachment A. In exchange for Central State University's payment, 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, Central State University 
will be entitled to protection from contribution actions or claims as 
provided by sections 113(f) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f) 
and 9622(h)(4), 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 
notice, 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 Dayton & Montgomery County Public Library, Huber Heights 
Branch, 6160 Chambersburg Road, Huber Heights, Ohio 45424.

DATES: Comments must be submitted on or before October 10, 2000.

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 Powell Road Landfill site, Dayton, 
Montgomery County, Ohio, and EPA Docket No. V-W-00-C-589, 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: None.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, 
et seq.

    Dated: August 28, 2000.
William E. Muno,
Director, Superfund Division, 052G.
[FR Doc. 00-23150 Filed 9-7-00; 8:45 am]
BILLING CODE 6560-50-U