[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Page 3144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1373]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7612-4]


Proposed CERCLA Section 122(h) Administrative Agreement for 
Recovery of Past Costs for the Morgan Materials, Inc. Superfund Site, 
City of Buffalo, Erie 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, as 
amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the 
U.S. Environmental Protection Agency (``EPA''), Region II, of a 
proposed administrative agreement pursuant to section 122(h) of CERCLA, 
42 U.S.C. 9622(h), with the settling parties, Morgan Materials, Inc. 
(``Morgan''), and Donald Sadkin (collectively, the ``Settling 
Parties''), for recovery of past response costs concerning the Morgan 
Materials, Inc. Superfund Site (``Site'') located in the City of 
Buffalo, Erie County, New York. The settlement requires payments to the 
EPA Hazardous Substance Superfund which total $425,000: $300,000 from 
Morgan, and $125,000 from Donald Sadkin. The settlement includes a 
covenant not to sue the Settling Parties pursuant to section 107(a) of 
CERCLA, 42 U.S.C. 9607(a), for EPA's past response costs. For thirty 
(30) days following the date of publication of this notice, EPA will 
receive written comments relating to the settlement. EPA will consider 
all comments received and may modify or withdraw its consent to the 
settlement if comments received disclose facts or considerations that 
indicate that the proposed settlement is inappropriate, improper or 
inadequate. EPA's response to any comments received will be available 
for public inspection at EPA Region II, 290 Broadway, New York, New 
York 10007-1866.

DATES: Comments must be submitted on or before February 23, 2004.

ADDRESSES: To request a copy of the proposed settlement agreement, 
please contact the individual identified below. The proposed settlement 
is also available for public inspection at EPA Region II offices at 290 
Broadway, New York, New York 10007-1866. Comments should reference the 
Morgan Materials, Inc. Superfund Site, City of Buffalo, Erie County, 
New York, Index No. CERCLA-02-2004-2002.

FOR FURTHER INFORMATION CONTACT: Brian Carr, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 290 Broadway--17th 
Floor, New York, New York 10007-1866. Telephone: 212-637-3170.

    Dated: January 7, 2004.
Kathleen Callahan,
Deputy Regional Administrator, Region 2.
[FR Doc. 04-1373 Filed 1-21-04; 8:45 am]
BILLING CODE 6560-50-P