Notice of Proposed Administrative Cost Recovery Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Notices]
[Page 3942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1758]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6224-4]


Notice of Proposed Administrative Cost Recovery Settlement 
Pursuant to the Comprehensive Environmental Response, Compensation, and 
Liability Act

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Proposal of CERCLA section 122(h)(1) administrative cost 
recovery settlement for the Uniroyal Hill Street Site.

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SUMMARY: The United States Environmental Protection Agency (``U.S. 
EPA'') proposes to address the potential liability of the Uniroyal 
Technology Corporation (the ``Settling Party'') by execution of a 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA'') section 122(h)(1) Administrative Order on Consent prepared 
pursuant to 42 U.S.C. 9622(h)(1) (the ``Agreement''). The Agreement 
provides the Settling Party certain covenants not to sue under CERCLA, 
42 U.S.C. 9601 et seq., as amended, and section 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973, as amended, 
with respect to the Uniroyal Hill Street Site (the ``Site''), located 
in Mishawaka, Indiana. The key terms and conditions of the Agreement 
may be briefly summarized as follows: (1) The Settling Party agrees to 
pay $525,000 to the Hazardous Substances Superfund in satisfaction of 
U.S. EPA's allowed general unsecured claim of $1,750,000; (2) the 
Settling Party agrees not to assert any claims or causes of action 
against the United States, or its contractors or employees, with 
respect to the Site or the Agreement; (3) Subject to the reservations 
specified in the Agreement, U.S. EPA affords the Settling Party a 
covenant not to sue for recovery of response costs pursuant to section 
107 of CERCLA, 42 U.S.C. 9607(a), liability for injunctive relief or 
administrative order enforcement pursuant to section 106 of CERCLA, 42 
U.S.C. 9606, liability for injunctive relief pursuant to section 7003 
of the Resource Conservation and Recovery Act, 42 U.S.C. 6973, and 
contribution protection as provided by CERCLA sections 113(f)(2) and 
122(h)(4), 42 U.S.C. 9613(f)(2) and 9622 (h)(4), conditioned upon 
satisfaction of obligations under the Agreement. The Site is not on the 
NPL. The Agreement was signed by the Acting Regional Administrator, 
U.S. EPA, Region 5, on January 12, 1999.

DATES: Written comments on the proposed Agreement must be received by 
February 25, 1999.

ADDRESSES: The proposed Agreement and the U.S. EPA's response to any 
comments received will be available for public inspection at U.S. EPA 
Records Center Room 714, 77 West Jackson Boulevard, Chicago, Illinois 
60604. A copy of the proposed Agreement may be obtained from U.S. EPA 
Office of Regional Counsel, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Comments should reference the Uniroyal Hill Street 
Site, Mishawaka, Indiana, and U.S. EPA Docket No. V-W-99-C-526 and 
should be addressed to Ms. Hedi Bogda-Cleveland, U.S. EPA Office of 
Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590.

FOR FURTHER INFORMATION CONTACT: Ms. Hedi Bogda-Cleveland, U.S. EPA 
Office of Regional Counsel, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, at (312) 886-5825.

    Dated: January 12, 1999.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-1758 Filed 1-25-99; 8:45 am]
BILLING CODE 6560-50-P