[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Notices]
[Pages 24583-24584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8441]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8308-3]


Agreement for Recovery of Response Costs and Covenant Not To Sue 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act Regarding the Dover Municipal Well 4 Superfund 
Site, Dover, Morris County, NJ

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and 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. 9601 et seq., the U.S. Environmental 
Protection Agency (``EPA'') announces a proposed administrative 
settlement to resolve claims under CERCLA. This settlement is intended 
to resolve the liability of a responsible party for certain response 
costs incurred and to be incurred by EPA at the Dover Municipal Well 
4 Superfund Site located in Dover, Morris County, New Jersey 
(``Site''). The proposed administrative settlement is contained in an 
Agreement for Recovery of Past Response Costs (``Agreement'') between 
Marie Pennella (``the Settling Party'') and EPA. By this Notice, EPA is 
informing the public of the proposed settlement and of the opportunity 
to comment.
    The Site includes Municipal Well 4, which was closed in 
1980 after the discovery of volatile organic compounds in the well 
water. The Site also includes an approximately one quarter-acre parcel 
(``the Property'') owned by the Settling Party. A dry cleaning facility 
formerly operated on the Property, and the Property is a source of 
contamination of the groundwater found in Municipal Well 4.
    EPA is the lead agency responsible for cleanup of the Site, and the 
New Jersey Department of Environmental Protection (``NJDEP'') serves as 
the support agency. In 1992, EPA issued a Record of Decision (``ROD'') 
selecting a remedy for the groundwater. In 2005, EPA issued a second 
ROD selecting the remedy for the contaminated soil and modifying the 
remedy for the deeper groundwater.
    Section 122(h) of CERCLA authorizes EPA to consider, compromise and 
settle certain claims incurred by the United States. NJDEP has also 
incurred certain costs at the Site. This is an ability to pay 
settlement. Under the terms of the

[[Page 24584]]

Agreement, the Settling Party will pay the entire proceeds of an 
insurance claim in the amount of $672,397 to EPA and NJDEP and transfer 
title to the Property to EPA. The Settling Party will remit 85% of the 
insurance proceeds to EPA and 15% of the proceeds to NJDEP. In 
exchange, EPA will grant a covenant not to sue or take administrative 
action against the Settling Party for reimbursement of past or future 
response costs pursuant to Section 107(a) of CERCLA.
    EPA will consider any comments received during the comment period 
and may withdraw or withhold consent to the proposed settlement if 
comments disclose facts or considerations that indicate the proposed 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. Environmental Protection Agency, Office of Regional Counsel, 290 
Broadway--17th Floor, New York, NY 10007-1866. Telephone: (212) 637-
3111.

DATES: Comments must be provided within June 4, 2007.

ADDRESSES: Comments should be sent to the U.S. Environmental Protection 
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York, 
NY 10007-1866 and should refer to: Dover Municipal Well 4 
Superfund Site, U.S. EPA Docket No. CERCLA-02-2006-2002.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, NY 
10007-1866. Telephone: (212) 637-3111.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
settlement may be obtained in person or by mail from Diego Garcia, U.S. 
Environmental Protection Agency, 290 Broadway--19th Floor, New York, NY 
10007-1866. Telephone: (212) 637-4947.

George Pavlou,
Director, Emergency and Remedial Response Division, Region 2.
 [FR Doc. E7-8441 Filed 5-2-07; 8:45 am]
BILLING CODE 6560-50-P