[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Notices]
[Pages 71561-71562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30464]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7415-4]


CERCLA Administrative Consent Order Containing Proposed Past 
Costs Settlement Related to the Butternuts Landfill Superfund Site, 
Town of Butternuts, Otsego County, NY

AGENCY: Environmental Protection Agency.

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 of 1980, 
amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the 
U.S. Environmental Protection Agency (``EPA''), Region II, of an 
administrative consent order (``Order'') pursuant to sections 104, 106, 
107, and 122 of CERCLA 42 U.S.C. 9604, 9606, 9607, and 9622, 
addressing, inter alia, proposed recovery of past response costs paid 
by EPA with regard to the Butternuts Landfill Superfund Site (``Site'') 
located in the Town of Butternuts, Otsego County, New York. The Order 
requires the settling party, Hugo Neu Schnitizer East (``Respondent''), 
to perform a removal action at the Site and also pay $40,000 in 
reimbursement of EPA's past response costs at the Site. The settlement 
includes a covenant not to sue the Respondent pursuant to sections 106 
and 107(a) of CERCLA, 42 U.S.C. 9606, 9607(a), for performance of the 
removal action and for recovery of EPA's past costs and oversight 
costs.
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating only to the portion 
of the Order which settles EPA's claim for recovery of its past 
response costs. EPA will consider all such comments received and may 
modify or withdraw its consent to the past costs settlement if comments 
received disclose facts or considerations that indicate that the 
proposed past costs settlement is inappropriate, improper or 
inadequate. EPA's response

[[Page 71562]]

to any comments received will be available for public inspection at EPA 
Region II office at 290 Broadway, 18th floor, New York, New York 10007-
1866.

DATES: Comments must be submitted on or before January 2, 2003.

ADDRESSES: The Order is available for public inspection at EPA's Region 
II office at 290 Broadway, 18th floor, New York, New York 10007-1866. 
Comments should reference the Butternuts Landfill Superfund Site 
located in the Town of Butternuts, Otsego County, New York, Index No. 
CERCLA-02-2002-2028. To request a copy of the Order, please contact the 
individual identified below.

FOR FURTHER INFORMATION CONTACT: Henry Guzm[aacute]n, Assistant 
Regional Counsel, New York/Caribbean Superfund Branch, Office of 
Regional Counsel, U.S. Environmental Protection Agency, 17th Floor, 290 
Broadway, New York, New York 10007-1866. Telephone: 212-637-3166.

    Dated: November 15, 2002.
William J. Muszynski,
Deputy Regional Administrator, Environmental Protection Agency, Region 
2.
[FR Doc. 02-30464 Filed 11-29-02; 8:45 am]
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