[Federal Register Volume 65, Number 15 (Monday, January 24, 2000)]
[Notices]
[Page 3709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1554]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6528-1]


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

AGENCY:  Environmental Protection Agency.

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 Uniroyal, Inc., 
Uniroyal Holding, Inc., CDU Holding, Inc., and the CDU Holding, Inc. 
Liquidating Trust (the ``Settling Parties'') 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 Parties 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 
Parties agree to pay $50,000 to the Hazardous Substances Superfund in 
satisfaction of U.S. EPA's allowed claim; (2) the Settling Parites 
agree to pay $50,000 to the City of Mishawaka, in satisfaction of their 
claim; (3) the Settling Parties agree 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; (4) subject to 
the reservations specified in the Agreement, U.S. EPA affords the 
Settling Parties 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 provides 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 
Regional Administrator, U.S. EPA, Region 5, on December 23, 1999.

DATES:  Written comments on the proposed Agreement must be received by 
U.S. EPA on or before February 23, 2000. In accordance with section 
7003(d) of RCRA, 42 U.S.C. 6973(d), commenters may request an 
opportunity for a public hearing in the affected area.

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-575 and 
should be addressed to Ms. Hedi Bogda-Cleveland, U.S. EPA Office of 
Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago, Illinois 
60604-3590.

FOR FURTHER INFORMATION CONTACT:  Ms. Hedi Bogda-Cleveland, U.S. EPA 
Office of Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago, 
Illinois 60604, at (312) 886-5825.

    Dated: December 23, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-1554 Filed 1-21-00; 8:45 am]
BILLING CODE 6560-50-P