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[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Pages 46433-46434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19046]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9710-9]

Proposed CERCLA Administrative Cost Recovery Settlements 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: Under Section 122(h) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), notice is hereby given of two proposed administrative 
settlements for recovery

[[Page 46434]]

of past response costs concerning the Buckbee-Mears Co. Superfund Site 
located in Cortland, Cortland County, New York (the ``Site'') with each 
of the following settling parties: the City of Cortland (``City'') and 
the County of Cortland (``County'')(collectively the ``Municipal 
Settlements''). In order to resolve competing liens on two parcels of 
land within the Site (``Properties''), the Municipal Settlements 
provide that the City and the County agree to facilitate the sale and 
redevelopment of the Properties. In addition, if the Properties are 
sold pursuant to a pending foreclosure action by the State Bank of 
India, New York Branch (the ``Bank''), the Bank will pay to the City, 
in full satisfaction of the City's tax lien, the greater of $302,881 
(being the amount of City Taxes in arrears as of September 29, 2006) or 
fifteen percent (15%) of the proceeds from the sale of the Properties, 
and the Bank will pay to the County $2,120 in full satisfaction of its 
tax lien, after the Bank is paid $150,000 attributable to the costs of 
marketing and selling the Properties. Any proceeds from the Bank's 
foreclosure sale remaining after the above payments to the Bank, the 
City and the County, shall be distributed in proportion to the 
percentage that the following amounts represent in relation to the 
combined total of said amounts: (1) For EPA, $8,323,204; (2) for the 
Bank, $8,434,911; (3) for the City, $1,194,043 minus the greater of 
$302,881 or fifteen percent (15%) of the proceeds from the sale of the 
Properties. Also under the terms of the Municipal Agreements, if the 
Properties are not sold through the Bank's foreclosure action, the City 
and County will foreclosure on the Properties, transfer the Properties 
and pay to EPA 50% of the selling price, after the transaction costs 
associated with the sale have been paid. The transaction costs are 
capped at $5,000 for the County and $150,000 for the City. EPA has also 
agreed to discharge its CERCLA Section 107(l) lien on the Properties 
and has agreed to waive any windfall lien it may have on the Properties 
under CERCLA Section 107(r).
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
Municipal Agreements. The Agency will consider all comments received 
and may modify or withdraw its consent to the two settlements if 
comments received disclose facts or considerations which indicate that 
either of the settlements is inappropriate, improper, or inadequate.

DATES: Comments must be provided within September 4, 2012.

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.'s CERCLA-02-2012-2018 and CERCLA-02-
2012-2024.

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 settlements may be 
obtained from Marla E. Wieder, Assistant Regional Counsel at the 
address above, or via email at wieder.marla@epa.gov.

    Dated: July 16, 2012.
John S. Frisco,
Acting Director, Emergency & Remedial Response Division.
[FR Doc. 2012-19046 Filed 8-2-12; 8:45 am]
BILLING CODE P
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