[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Notices]
[Pages 31315-31316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12389]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6701-7]


Proposed Administrative Cashout Deminimis Settlement Under 
Section 122(g) of the Comprehensive Environmental Response Compensation 
and Liability Act; in the Matter of Tri-County/Elgin Landfill Site, 
Kane County, Illinois

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, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative settlement for recovery of past and projected future 
response costs concerning the Tri-County/Elgin Landfill site in Kane 
County, Illinois, with the Precision Diamond Tool Company. The 
settlement requires Precision Diamond Tool Company to pay $20,000.00 to 
the Hazardous Substance Superfund.
    On October 13, 1998, EPA sent out deminimis settlement offers to 
386 deminimis generators and transporters (the ``deminimis offerees''). 
The Administrative Order on Consent accompanying that deminimis offer 
was designated as EPA Docket No. V-W-99-C-507. Attached to the 
Administrative Order on Consent in EPA Docket No. V-W-99-C-507 is a 
volumetric ranking, in the form of a spread sheet, listing the 
deminimis offerees, the volume of waste containing hazardous substances 
contributed to the Site by each deminimis offeree, and the deminimis

[[Page 31316]]

settlement payment amount for each deminimis offeree (the ``Volumetric 
Ranking''). The Volumetric Ranking is identified as Appendix A to the 
Administrative Order on Consent in EPA Docket No. V-W-99-C-507. The 
documented amount of hazardous substances contributed to the Site by 
each Respondent listed in Appendix A to the Administrative Order on 
Consent in EPA Docket No. V-W-99-C-507 does not exceed 0.5% of the 
``Adjusted Documented Volume'' (as defined in Appendix B to the 
Administrative Order on Consent in EPA Docket No. V-W-99-C-507) of 
hazardous substances at the Site, and the hazardous substances 
contributed by each Respondent to the Site are not significantly more 
toxic or of significantly greater hazardous effect than other hazardous 
substances at the Site.
    Out of the 386 deminimis offerees that were extended offers as part 
of EPA Docket No. V-W-99-C-507, 125 executed signature pages, 
certifying their commitment to participate in that deminimis 
settlement. Public comment on the terms of the deminimis settlement was 
conducted from April 23, 1999, through May 24, 1999. Notice that the 
deminimis settlement was final and effective was mailed to all settling 
parties on June 11, 1999.
    Precision Diamond Tool Company inadvertently was not included in 
Appendix A to the Administrative Order on Consent in EPA Docket No. V-
W-99-C-507 and did not participate in that settlement. Precision 
Diamond Tool does, however, have a documented volume. For purposes of 
this deminimis settlement, Precision Diamond Tool's documented volume 
was calculated in the same way the volume was calculated for each 
deminimis generator listed in Appendix A to the Administrative Order on 
Consent in EPA Docket No. V-W-99-C-507. Precision Diamond Tool's 
documented volume is 862 cubic yards, thus making it eligible for a 
deminimis settlement offer. In Appendix A to the Administrative Order 
on Consent in EPA Docket No. V-W-99-C-507, Robin Construction is listed 
with a documented volume of 870 cubic yards and a deminimis settlement 
payment amount of $20,079.00, and Custom Packaging Company is listed 
with a documented volume of 860 cubic yards and a deminimis settlement 
payment amount of $19,849.00. Precision Diamond Tool's documented 
volume falls between the documented volume of these two generators. 
Accordingly, Precision Diamond Tool's deminimis settlement payment 
amount should also fall between the payment amount of these two 
deminimis generators. Therefore, Precision Diamond Tool's deminimis 
payment amount is determined to be $20,000.00.
    Under the terms of the settlement, Precision Diamond Tool Company 
agrees to pay its settlement amount. In exchange for its payment, the 
United States covenants not to sue or take administrative action 
pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 
9607(a), relating to the Site. In addition, Precision Diamond Tool 
Company is entitled to protection from contribution actions or claims 
as provided by Sections 113(f) and 122(g)(5) of CERCLA, 42 U.S.C. 
9613(f) and 9622(g)(5), for all response costs incurred and to be 
incurred by any person at the Site.
    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 EPA's 
Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604 
and at the Gail Borden Public Library in Elgin.

DATES: Comments must be submitted on or before June 16, 2000.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. A copy of the proposed settlement may be obtained from 
Jeffrey A. Cahn, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 
77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-6670. 
Comments should reference the Tri-County/Elgin Landfill site, Kane 
County, Illinois, and EPA Docket No. V-W-00-C-585, and should be 
addressed to Jeffrey A. Cahn, Associate Regional Counsel, U.S. EPA, 
Mail Code C-14J, 77 W. Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Jeffrey A. Cahn, Associate Regional 
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, 
Illinois 60604, telephone (312) 886-6670.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, 
et. seq.

    Dated: May 8, 2000.
William E. Muno,
Director, Superfund Division.
[FR Doc. 00-12389 Filed 5-16-00; 8:45 am]
BILLING CODE 6560-50-U