2824 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Superfund Site in Warwick, New York

(the ‘‘Warwick Site’’), the Hertel

Landfill Superfund Site in the Town of

Plattekill, New York (the ‘‘Hertel Site’’)

and the Ramapo Landfill Superfund Site

in the Town of Ramapo, New York (the

‘‘Ramapo Site’’). BFI completed the

acquisition of the assets of ISA, Round

Lake, and the other entities and, in

connection therewith, ISA and Round

Lake deposited $1,000,000 of the sale

price into an escrow account established

to resolve certain liability to the United

States pursuant to CERCLA at the KinBuc Site, the Warwick Site, the Hertel

Site and the Ramapo Site. The balance

of the proceeds of BFI’s purchase of the

assets of ISA, Round Lake, and the other

entities was used to pay other

obligations of ISA and Round Lake

including $5,000,000 in criminal fines,

forfeitures and costs, $3,500,000 in

federal and state tax liability, and

$300,000 of liabilities to other creditors.

The remedial action which has been

selected at the Kin-Buc Site is being

implemented by parties other than ISA

or Round Lake. The bulk of EPA’s past

costs at the Kin-Buc Site have been

recovered from parties other than ISA or

Round Lake, and the remaining costs at

the Kin-Buc Site may be recovered from

parties other than ISA or Round Lake.

Pursuant to CERCLA Section

122(h)(1), the prior written approval of

the Attorney General is required for the

administrative settlement under

CERCLA between EPA and ISA and

Round Lake. In satisfaction of that

requirement, the Attorney General or

her designee has approved the proposed

settlement in writing.

DATES: Comments must be submitted on

or before February 28, 1996.

ADDRESSES: Comments should be

addressed to the EPA at the address

listed below, and should refer to ‘‘KinBuc Landfill Superfund Site, EPA Index

No. II CERCLA–95–0114’’. Interested

parties may contact the individual listed

below to receive a copy of either or both

administrative settlement agreements, or

to make an appointment to examine

either or both administrative settlement

agreements at EPA Region II, 290

Broadway, New York, NY, 10007.

FOR FURTHER INFORMATION CONTACT:

Michael A. Mintzer, Assistant Regional

Counsel, NY/Caribbean Superfund

Branch, Office of Regional Counsel,

Environmental Protection Agency, 290

Broadway, New York, N.Y. 10007,

telephone: (212) 637–3168.

Dated: November 30, 1995.

William Muszynski,

Acting Regional Administrator.

[FR Doc. 96–1464 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5404–2]

Proposed Administrative Settlement

Under the Comprehensive

Environmental Response,

Compensation, and Liability Act; in re:

Industri-Plex Superfund Site; Woburn,

MA

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Notice of proposed prospective

purchaser agreement and request for

public comment.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) is proposing to

enter into a prospective purchaser

agreement to address claims under the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended (CERCLA), 42

U.S.C. 9601 et seq. Notice is being

published to inform the public of the

proposed settlement and of the

opportunity to comment. The settlement

is intended to resolve the liability under

CERCLA of Michael Vining and David

Vining, individually, David Vining as

trustee of 20 Atlantic Avenue Realty

Trust, and Atlantic Packaging, Inc. for

injunctive relief or for costs incurred or

to be incurred by EPA in conducting

response actions at the Industri-Plex

Superfund Site in Woburn,

Massachusetts.

DATES: Comments must be provided on

or before February 28, 1996.

ADDRESSES: Comments should be

addressed to the Docket Clerk, U.S.

Environmental Protection Agency,

Region I, JFK Federal Building,

Mailcode RCG, Boston, Massachusetts

02203, and should refer to: In re: David

Vining as trustee of 20 Atlantic Realty

Trust, Woburn, Massachusetts, U.S. EPA

Docket No. CERCLA–I–96–1010.

FOR FURTHER INFORMATION CONTACT:

Daniel H. Winograd, U.S.

Environmental Protection Agency, J.F.K.

Federal Building, Mailcode RCT,

Boston, Massachusetts 02203, (617)

565–3686.

SUPPLEMENTARY INFORMATION: In

accordance with the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980, as amended

(CERCLA), 42 U.S.C. § 9601 et seq.,

notice is hereby given of a proposed

prospective purchaser agreement

concerning the Industri-Plex Superfund

Site in Woburn, MA. The settlement

was approved by EPA Region I on

December 12, 1995, subject to review by

the public pursuant to this Notice.

Michael Vining and David Vining,

individually, David Vining as trustee of

20 Atlantic Avenue Realty Trust, and

Atlantic Packaging, Inc., collectively the

Settling Respondent, have executed a

signature page committing them to

participate in the settlement. Under the

proposed settlement, the Settling

Respondent is required to pay $30,000

to the Hazardous Substances Superfund,

to abide by institutional controls and to

provide access to the property. EPA

believes the settlement is fair and in the

public interest.

EPA is entering into this agreement

under the authority of CERCLA Section

101 et seq. which provides EPA with

authority to consider, compromise, and

settle a claim under Sections 106 and

107 of CERCLA for costs incurred by the

United States if the claim has not been

referred to the U.S. Department of

Justice for further action. The U.S.

Department of Justice will have

approved this settlement in writing

prior to the agreement becoming

effective. EPA will receive written

comments relating to this settlement for

thirty (30) days from the date of

publication of this Notice.

A copy of the proposed administrative

settlement may be obtained in person or

by mail from Daniel H. Winograd, U.S.

Environmental Protection Agency, JFK

Federal Building, Mailcode RCT,

Boston, Massachusetts 02203, (617)

565–3686.

The Agency’s response to any

comments received will be available for

public inspection with the Docket Clerk,

U.S. Environmental Protection Agency,

Region I, JFK Federal Building,

Mailcode RCG, Boston, Massachusetts

(U.S. EPA Docket No. CERCLA–I–96–

1010).

Dated: December 13, 1995.

John DeVillars,

Regional Administrator.

[FR Doc. 96–1541 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5404–1]

Notice of Proposed Prospective

Purchaser Agreement Pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as Amended by the

Superfund Amendments and

Reauthorization Act

AGENCY: Environmental Protection

Agency (EPA).
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2825

ACTION: Notice; Request for public

comment.

SUMMARY: Notice is hereby given that a

proposed prospective purchaser

agreement associated with the Kansas

City Structural Steel Site located in

Wyandotte County Kansas was executed

by the Agency on October 25, 1995 and

executed by the United States

Department of Justice on November 29,

1995. This agreement is subject to final

approval after the comment period. The

Prospective Purchaser Agreement would

resolve certain potential EPA claims

under Section 106 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended by the

Superfund Amendments and

Reauthorization Act of 1986

(‘‘CERCLA’’), against ECI Development

Corporation, the prospective purchaser

(‘‘the purchaser’’).

The settlement would require the

purchaser to perform operation and

maintenance actions at the property

which includes maintaining the

protective cover over potentially

contaminated soil on site. The

purchaser must comply with the

institutional controls selected by the

EPA and must provide EPA access to

the Site.

For thirty (30) days following the date

of publication of this notice, the Agency

will receive written comments relating

to the proposed settlement. The

Agency’s response to any comments

received will be available for public

inspection at the U.S. Environmental

Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas

66101.

DATES: Comments must be submitted on

or before [date].

AVAILABILITY: The proposed settlement is

available for public inspection at the

U.S. Environmental Protection Agency,

Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101. A copy of

the proposed agreement may be

obtained from Anne McCauley,

Remedial Project Manager, U.S.

environmental Protection Agency,

Region VII, 25 Funston Road, Kansas

City, Kansas 66115. Comments should

reference the ‘‘Kansas City Structural

Steel Superfund Site Prospective

Purchaser Agreement’’ and should be

forwarded to Anne McCauley, Remedial

Project Manager, at the above address.

FOR FURTHER INFORMATION CONTACT:

Ilene M. Munk, Assistant Regional

Counsel, United States Environmental

Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas

66101, (913) 551–7807.

Dated: December 12, 1995.

Delores Platt,

Acting Regional Administrator.

[FR Doc. 96–1400 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5404–3]

Notice of Proposed Administrative

Settlement Pursuant to Section

122(h)(1) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

Regarding the Ramapo Landfill

Superfund Site

AGENCY: Environmental Protection

Agency, (EPA).

ACTION: Notice of proposed

administrative settlements and

opportunity for public comment.

SUMMARY: In accordance with Section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980, as amended (‘‘CERCLA’’), 42

U.S.C. 9622(i), the United States

Environmental Protection Agency

(‘‘EPA’’), Region II announces a

proposed administrative settlement

pursuant to Section 122(h)(1) of

CERCLA, 42 U.S.C. 9622(h)(1) regarding

the Ramapo Landfill Superfund Site (the

‘‘Ramapo Site’’).

The Ramapo Site is located in the

Town of Ramapo, Rockland County,

New York, and is listed on the National

Priorities List established under Section

105 of CERCLA. This notice is being

published pursuant to Section 122(i) of

CERCLA to inform the public of the

proposed settlement and of the

opportunity to comment. EPA will

consider any comments received during

the comment period and may withdraw

or withhold consent to the proposed

settlement if comments disclose facts or

considerations which indicate that the

proposed settlement is inappropriate,

improper or inadequate.

The administrative settlement would

resolve the claims of the United States

against I.S.A. In New Jersey, Inc.

(‘‘ISA’’) and Round Lake Sanitation

Corporation (‘‘Round Lake’’) with

respect to their potential liability for

past costs incurred by EPA pursuant to

CERCLA in responding to the release

and threatened release of hazardous

substances at the Ramapo Site. The

settlement is memorialized in an

Administrative Cost-Recovery

Agreement (‘‘Agreement’’). Under the

Agreement, ISA and Round Lake are

obligated to pay $25,000 to the

Hazardous Substances Superfund. The

payment is to be made from an escrow

account established for ISA and Round

Lake as stated below. The settlement is

based on the ability to pay of ISA and

Round Lake in that these corporations

are defunct and have no assets other

than the monies in escrow.

In 1991, ISA, Round Lake, and other

entities and individuals were indicted

by a grand jury empaneled in the United

States District Court for the Southern

District of New York on numerous

federal felony charges. According to a

subsequent plea agreement, the assets of

ISA and Round Lake, and other entities,

were required to be sold to unrelated

third parties. In 1994, the United States

entered into an Agreement and

Covenant Not To Sue under CERCLA

with Browning-Ferris Industries of New

York, Inc.; Browning-Ferris Industries of

Paterson, N.J., Inc.; and Browning-Ferris

Industries of South Jersey, Inc.

(collectively ‘‘BFI’’) regarding BFI’s

prospective purchase of the assets of

ISA, Round Lake, and the other entities.

BFI paid $250,000 to the United States

for an Agreement and Covenant Not To

Sue, of which $5,000 was allocated to

the Ramapo Site, and the balance of

which was allocated to three other

Superfund sites: the Warwick Landfill

Superfund Site in Warwick, New York

(the ‘‘Warwick Site’’) the Hertel Landfill

Superfund Site in the Town of

Plattekill, New York (the ‘‘Hertel Site’’)

and the Kin-Buc Landfill Superfund Site

in Edison Township, New Jersey (the

‘‘Kin-Buc Site’’). BFI completed the

acquisition of the assets of ISA, Round

Lake, and the other entities and, in

connection therewith, ISA and Round

Lake deposited $1,000,000 of the sale

price into an escrow account established

to resolve certain liability to the United

States pursuant to CERCLA at the

Ramapo Site, the Warwick Site, the

Hertel Site and the Kin-Buc Site. The

balance of the proceeds of BFI’s

purchase of the assets of ISA, Round

Lake, and the other entities was used to

pay other obligations of ISA and Round

Lake including $5,000,000 in criminal

fines, forfeitures and costs, $3,500,000

in federal and state tax liability, and

$300,000 of liabilities to other creditors.

The remedial action which has been

selected at the Ramapo Site is being

implemented by a party other than ISA

or Round Lake and the remaining costs

at the Ramapo Site may be recovered

from parties other than ISA or Round

Lake.

Pursuant to CERCLA Section

122(h)(1), the prior written approval of

the Attorney General is required for the

administrative settlement under

CERCLA between EPA and ISA and

Round Lake. In satisfaction of that

requirement, the Attorney General or