[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Page 43426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14899]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7944-5]


Proposed CERCLA Administrative Cost Recovery Settlement; Shawn 
Callister, Plain City Drum Site, Weber County, Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Administrative order on consent; request for public comment.

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SUMMARY: In accordance with section 122(h)(1) 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 Order On Consent (AOC) for recovery of certain past 
response costs concerning the Plain City Drum Site in Weber County, 
Utah, with Mr. Shawn Callister, Respondent. The settlement requires Mr. 
Callister to pay $10,000.00 to the Hazardous Substance Superfund for 
partial payment of past response costs incurred by EPA. The AOC 
includes a covenant not to sue or to take judicial or administrative 
action against the Respondent pursuant to sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a). This covenant not to sue is 
conditioned upon the veracity and completeness of the Financial 
Information provided to EPA by Mr. Callister. The covenant not to sue 
extends only to Mr. Callister and does not extend to any other person.
    In response to the release or threatened release of hazardous 
substances at or from the Site, EPA undertook response actions at the 
Site pursuant to section 104 of CERCLA, 42 U.S.C. 9604, including 
emergency removal actions to overpack and properly dispose of twenty 
eight (28) 55-gallon drums containing flammable liquids. At the time of 
removal the drums were in poor condition. Some were bulging and some 
had rusting holes. On-site air monitoring showed the drums were 
releasing hazardous constituents in the air. The drums were located 
adjacent to a residence with horse corrals and were approximately 3.5 
miles from the Harold's Crane Waterfowl Management Area.

DATES: Comments must be submitted on or before August 26, 2005.

ADDRESSES: The proposed settlement is available for public inspection 
at the Superfund Records Center, EPA Region 8, 999 18th Street, Suite 
300, Denver, CO 80202-2466, (303) 312-6473.

FOR FURTHER INFORMATION CONTACT: Katherine Letson Bradford, (8ENF-L), 
EPA Senior Enforcement Attorney, U.S. Environmental Protection Agency, 
Region 8, 999 18th Street, Denver, CO 80202-2466, (303) 312-6641.

SUPPLEMENTARY INFORMATION: 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 the Superfund Records Center, EPA Region 8, 999 18th 
Street, Suite 300, Denver, CO 80202-2466, (303) 312-6473.

    Dated: July 11, 2005.
Eddie A. Sierra,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice.
[FR Doc. 05-14899 Filed 7-26-05; 8:45 am]
BILLING CODE 6560-50-P