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[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Notices]
[Page 58989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23587]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9720-7]

Proposed CERCLA Administrative Cost Recovery Settlement for the 
Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122 (h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), notice is hereby given of a proposed 
administrative settlement for recovery of past response costs 
concerning the Buckbee-Mears Co. Superfund Site located in Cortland, 
Cortland County, New York, (the ``Site'') with the State Bank of India, 
New York Branch (the ``Bank''). Pursuant to the settlement EPA will 
receive: (1) All funds in an escrow account with accrued interest 
(approximately $116,500); (2) Twenty-five percent of any funds the Bank 
collects from the principals of International Electron Devices (USA), 
LLC, the current owner and past operator of the Site at the time of 
disposal; and (3) A share of the proceeds from the sale of two parcels 
of land within the Site (``Properties'') following the Bank's 
foreclosure sale and distribution of certain amounts to the City of 
Cortland (``City'') and Cortland County (``County'') in settlement of 
their respective tax liens. The sales proceeds shall be distributed as 
follows: (a) The Bank will pay to the City the greater of $302,881 or 
15% after the Bank is paid $150,000 attributable to the costs of 
marketing and selling the Properties; (b) The Bank will pay to the 
County $2,120; and (c) Any proceeds from the foreclosure sale remaining 
after the above payments will be distributed in proportion to the 
following lien amounts: (1) For EPA, $8,323.204; (2) for the Bank, 
$8,434,911; (3) for the City, $1,199,043 minus the greater of $302,881 
or fifteen percent (15%) of the proceeds from the sale of the 
Properties. The settlement also includes a covenant not to sue the 
settling party pursuant to Sections 106 and 107(a) of CERCLA, for 
Existing Contamination, as defined in the settlement, 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.

DATES: Comments must be provided within thirty days of the publication 
of this notice.

ADDRESSES: Comments should be addressed to the U.S. Environmental 
Protection Agency, Office of Regional Counsel, 290 Broadway, 17th 
Floor, New York, New York 10007-1866 and should refer to the Buckbee-
Mears Co. Superfund Site located in Cortland, New York, Cortland 
County, EPA Region II Docket No. CERCLA-02-2012-2017.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New 
York 10007-1866, Attention: Marla E. Wieder, Assistant Regional Counsel 
at (212) 637-3184.

SUPPLEMENTARY INFORMATION: A copy of the proposed settlement may be 
obtained from Marla Wieder, Assistant Regional Counsel at the address 
above, or via email at wieder.marla@epa.gov.

    Dated: July 20, 2012.
John LaPadula,
Deputy Director, Emergency & Remedial Response Division.
[FR Doc. 2012-23587 Filed 9-24-12; 8:45 am]
BILLING CODE 6560-50-P
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