[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Notices]
[Page 37973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15396]



[[Page 37973]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6716-5]


Proposed Settlement Under Sections 122(g)(1)(B) and 122(g)(4) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act; Land Trust No. 40966, Chicago Title and Trust Company, as Trustee; 
Northern Trust Company, as Trustee for the John F. Stack Residuary 
Trust; Mary Stack; Dorothy Stack Spaulding; John Stack, Jr.; Robert 
Stack and Eugene Stack

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for public comment.

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SUMMARY: In accordance with section 122(i)(1) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1984, as 
amended (CERCLA), notice is hereby given of a proposed administrative 
settlement concerning the Vacant Lot hazardous waste site at the 
northeast corner of Commonwealth Avenue and Martin Luther King Drive in 
North Chicago, Illinois (Site).
    The agreement was proposed by EPA Region 5 on January 12, 1998. 
Subject to review by the public pursuant to this Notice, the agreement 
has been approved by the United States Department of Justice. Land 
Trust No. 40966, Chicago Title and Trust Company, as trustee; Northern 
Trust Company, as trustee for the John F. Stack Residuary Trust; Mary 
Stack; Dorothy Stack Spaulding; John Stack, Jr.; Robert Stack and 
Eugene Stack have executed binding certifications of their consent to 
participate in the settlement.
    EPA is entering into this agreement under the authority of section 
122(g) and 107 of CERCLA. Section 122(g) authorizes settlements with de 
minimis parties to allow them to resolve their liabilities at Superfund 
sites without incurring substantial transaction costs. Under the 
proposed settlement, Site property will be transferred to BREMS Realty, 
L.L.C. (which has entered into a proposed prospective purchaser 
agreement with EPA). The sale proceeds of $35,000 would be paid 
directly to EPA and applied to its outstanding response costs of 
approximately 3.1 million at the Site. These settling parties would 
agree not to sue the United States for any claims arising out of the 
response actions taken at the Vacant Lot site. In exchange for that 
covenant and in consideration of the payment to be received, EPA would 
provide a covenant not to sue the settling parties and the contribution 
protection provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 
U.S.C. 9613(f)(2) and 9622(g)(5). EPA has determined that these parties 
are owners or have potential owernship interests at the Site and that 
they did not conduct or permit the generation, transportation, storage, 
treatment, or disposal of any hazardous substances at the site, and did 
not contribute to the release or threat of release of a hazardous 
substance at the site through any act or omission.
    The Environmental Protection Agency will receive written comments 
relating to this agreement for 30 days from the date of publication of 
this notice. EPA will consider all comments received and may decide not 
to enter this proposed agreement if comments disclose facts or 
considerations which indicate that the proposed agreement is 
inappropriate, improper or inadequate.

DATES:  Comments must be provided on or before July 19, 2000.

ADDRESSES:  Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590, and should refer to: In Re Vacant Lot 
Site, North Chicago, Illinois, U.S. EPA Docket No. V-W-00C-94.

FOR FURTHER INFORMATION CONTACT: Thomas J. Krueger, U.S. Environmental 
Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604-3590, (312) 886-0562.
    A copy of the proposed administrative settlement agreement may be 
obtained in person or by mail from the EPA's Region 5 Office of 
Regional Counsel, 77 West Jackson Boulevard, Chicago Illinois 60604-
3590. Additional background information relating to the settlement is 
available for review at the EPA's Region 5 Office of Regional Counsel.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended, 42 U.S.C. 9601-9675.

Bruce Sypniewski,
Acting Director, Superfund Division.
[FR Doc. 00-15396 Filed 6-16-00; 8:45 am]
BILLING CODE 6560-50-M