[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11915-11916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4255]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8537-7]


Agreement for Recovery of Response Costs and Covenant not to Sue 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act Regarding the Delilah Road Landfill Superfund Site, Egg 
Harbor Township, Atlantic 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 four responsible parties for certain response costs 
incurred and to be incurred by EPA at the Delilah Road Landfill 
Superfund Site located in Egg Harbor Township, Atlantic County, New 
Jersey (Site). The proposed administrative settlement is contained in a 
Settlement Agreement for recovery of response costs (Agreement) between 
Atlantic City Electric Company, Lenox, Incorporated, Wyeth Holdings 
Corporation, and Wyeth (Settling Parties) and EPA. By this Notice, EPA 
is informing the public of the proposed settlement and of the 
opportunity to comment.
    The Site, consisting of approximately 45 acres, was originally used 
for sand and gravel excavation, but was later converted to a solid 
waste disposal area. Landfill operations ceased in 1980. The Site was 
placed on the National Priorities List (NPL) on October 4, 1984, and in 
1986, the New Jersey Department of Environmental Protection (NJDEP) 
began a remedial investigation and feasibility study (RI/FS) to 
investigate conditions at the Site and evaluate remedial alternatives. 
On September 28, 1990, NJDEP issued a Record of Decision (ROD) for the 
Site which included placement of an impermeable layer cap on the 
landfill and installation of a gas collection and treatment system. 
Certain private parties, including some of the Settling Parties or 
their predecessors, entered into an Administrative Consent Order with 
NJDEP, as the lead agency for the Site, effective on October 12, 1994, 
to implement the remedy selected in the ROD. NJDEP issued an 
Explanation of Significant Differences (ESD) effective September 30, 
1998, based on the results of additional groundwater sampling, through 
which the remedy was modified to provide for a soil cap, rather than 
the synthetic membrane cap originally selected. Construction of the 
remedy began in late 2001, and was substantially completed by the 
summer of 2002. As the support agency for the Site, EPA's costs consist 
primarily of oversight costs.
    Section 122(h) of CERCLA authorizes EPA to consider, compromise and 
settle certain claims. Under the terms of the proposed Agreement, the 
Settling Parties will pay $81,410.95 in reimbursement of past and 
future Site costs incurred by EPA. In exchange, EPA will grant a 
covenant not to sue or take administrative action against the Settling 
Parties for reimbursement of past or future EPA Site response costs 
pursuant to Section 107(a) of CERCLA, subject to reopeners for unknown 
conditions or new information.
    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

[[Page 11916]]

Protection Agency, Office of Regional Counsel, 290 Broadway--17th 
Floor, New York, New York 10007-1866. Telephone: (212) 637-3111.

DATES: Comments must be provided by April 4, 2008.

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: Delilah Road Landfill Superfund 
Site, U.S. EPA Docket No. CERCLA-02-2008-2008.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
Agreement 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.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, New 
York 10007-1866. Telephone: (212) 637-3139.

    Dated: January 24, 2008.
George Pavlou,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. E8-4255 Filed 3-4-08; 8:45 am]
BILLING CODE 6560-50-P