[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Page 18595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10387]



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ENVIRONMENTAL PROTECTION AGENCY
[5435-4]


Proposed Prospective Purchaser Agreement for the Former Vygen 
Corporation and Olin Corporation Facilities at the Fields Brook 
Superfund Site; 42 U.S.C. 9622(h)

AGENCY: U.S. Environmental Protection Agency (``U.S. EPA'').

ACTION: Proposal of Prospective Purchaser Agreement for the former 
Vygen Corporation and Olin Corporation facilities at the Fields Brook 
Superfund Site.

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SUMMARY: U.S. EPA proposes to address the prospective purchase by 
Vision Properties, Inc. (``the Settling Respondent'') of the Vygen 
property (``the Property''), which contains the former Vygen 
Corporation and Olin Corporation facilities at the Fields Brook 
Superfund site (``the Site'') in Ashtabula County, Ohio. The Site 
consists of Fields Brook and its watershed and contains a number of 
industrial facilities including the former Vygen and Olin facilities. 
U.S. EPA intends to enter into a Prospective Purchaser Agreement 
(``Agreement'') with the Settling Respondent in order to address the 
potential liability of the Settling Respondent. The key terms and 
conditions of the Agreement may be briefly summarized as follows: (1) 
The Settling Respondent agrees to, in regard to the Property, (a) 
collect and remove all existing sediment from within the existing storm 
sewers and the concrete pond and bring such sediment to an acceptable 
off-site landfill, and upgrade the storm sewers on the Property to 
prevent Property contamination from having an easy route for release to 
Fields Brook; and/or (b) collect and remove all existing sediment from 
the concrete pond, plug all existing storm sewers and storm drainage 
outflow pipes and if Settling Respondent also plans to replace the 
existing storm sewer system with a stormwater drainage system, it shall 
avoid areas of the Property which have been contaminated from previous 
site activities; (2) the Settling Respondent agrees to grant to EPA and 
Ohio an irrevocable right of access at all reasonable times to the 
Property and to any other property to which access is required for the 
implementation of response actions at the Site, for the purposes of 
performing and overseeing response actions at the Site under Federal 
law; and (3) U.S. EPA affords the Settling Respondent a covenant not to 
sue or take any other civil or administrative action against Settling 
Respondent for any and all civil liability for injunctive relief or 
reimbursement of response costs pursuant to Section 106 or 107(a) of 
CERCLA, 42 U.S.C. 9606 or 9607(a) with respect to the Existing 
Contamination. The Site is on the National Priorities List (NPL) and 
further response activities at the Site are contemplated, but these 
activities are not anticipated to involve the Vygen and Olin 
facilities.

DATES: Comments on the proposed AOC must be received by U.S. EPA on or 
before May 28, 1996.

ADDRESSES: A copy of the proposed AOC is available for review at U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please contact Michael Berman at (312) 886-6837, prior to visiting the 
Region 5 office.
    Comments on the proposed AOC should be addressed to Michael Berman, 
Office of Regional Counsel, U.S. EPA, Region 5, 77 West Jackson 
Boulevard (Mail Code CS-29A), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Michael Berman at (312) 886-6837, of the U.S. EPA Region 5 Office of 
Regional Counsel.
    A 30-day period, commencing on the date of publication of this 
notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C. 
9622(i), for comments on the proposed AOC. Comments should be sent to 
the addressee identified in this notice.
Valdas V. Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
[FR Doc. 96-10387 Filed 4-25-96; 8:45 am]
BILLING CODE 6560-50-M