[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Notices]
[Pages 37782-37783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14491]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6711-7]
Proposed Settlement Under Section 122(g) of the Comprehensive
Environmental Response, Compensation and Liability Act; Tulalip
Landfill Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative settlement and opportunity
for public comment.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') is
proposing to enter into an administrative settlement to resolve claims
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (``CERCLA''). Notice is being
published to inform the public of the proposed settlement and of the
opportunity to comment. The settlement is intended to resolve past and
estimated future liabilities of one de minimis party for costs
incurred, or to be incurred, by EPA at the Tulalip Landfill Superfund
Site in Marysville, Washington.
DATES: Comments must be provided on or before July 17, 2000.
ADDRESSES: Comments should be addressed to Docket Clerk, U.S.
Environmental Protection Agency, Region 10, ORC-158, 1200 Sixth Avenue,
Seattle, Washington 98101, and should refer to In Re Tulalip Landfill
Superfund Site, Marysville, Washington, U.S. EPA Docket No. CERCLA-10-
99-0197.
FOR FURTHER INFORMATION CONTACT: Elizabeth McKenna, Office of Regional
Counsel (ORC-158), 1200 Sixth Avenue, Seattle, Washington 98101, (206)
553-0016.
SUPPLEMENTARY INFORMATION: In accordance with Section 122(i)(1) of
CERCLA, notice is hereby given of a proposed administrative settlement
concerning the Tulalip Landfill hazardous waste site located on Ebey
Island between Steamboat Slough and Ebey Slough in the Snohomish River
delta system between Everett and Marysville, Washington. The Site was
listed on the National Priorities List (``NPL'') on April 25, 1995. 60
FR 20350 (April 25, 1995). Subject to review by the public pursuant to
this Notice, the agreement has been approved by the United States
Department of Justice. The party who has executed the proposed
Administrative Order on Consent is Marco Seattle, Inc.
The EPA is entering into this agreement under the authority of
sections 122(g), 106 and 107 of CERCLA, 42 U.S.C. 9622(g), 9606 and
9607. 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 this authority, the
agreement proposes to settle with a party in the Tulalip Landfill case
who is responsible for less than 0.6% of the volume of hazardous
substances at the site.
In February and March 1988, EPA contractor Ecology & Environment,
Inc. (``E&E'') performed a site inspection of the landfill for NPL
evaluation. The inspection revealed groundwater contamination with
unacceptably high levels of arsenic, barium, cadmium, chromium, lead,
mercury, and silver. Water samples taken in the wetlands adjacent to
the site showed exceedences of marine chronic criteria for cadmium,
chromium, and lead, as well as exceedences in marine acute criteria for
copper, nickel, and zinc. In addition, a variety of metals were found
in on-site pools and leachate. The study concluded that contamination
was migrating off site. On July 29, 1991, EPA proposed adding the
Tulalip Landfill to
[[Page 37783]]
the NPL, and on April 25, 1995, with the support of the Governor of the
State of Washington and the Tulalip Tribes of Washington, EPA published
the final rule adding the Site to the NPL.
EPA performed a Remedial Investigation (``RI'') and Feasibility
Study (``FS'') in two parts pursuant to an Administrative Order on
Consent with several potentially responsible parties. The first part
evaluated various containment alternatives for the landfill source
area, which includes approximately 147 acres in which waste was
deposited. The second part evaluated the off-source areas, which
include the wetlands and tidal channels that surround the landfill
source area.
On March 1, 1996, EPA issued a Record of Decision that selected an
interim remedial action for the source area. The selected interim
remedy requires installation of an engineered, low-permeability cover
over the source area of the landfill, at an estimated cost of $25.1
million. On September 29, 1998, EPA issued a Record of Decision that
selected the final remedial action for the source and off-source areas.
The selected final remedy requires completion of the cover over the
source area and placement of signs in the off-source area. The
estimated cost of the signs is approximately $15,000.
The proposed settlement requires the settling party to pay a fixed
sum of money based on its volumetric share. The total amount to be
recovered from the proposed settlement is $110,698, paid in five equal
annual installments, plus interest at 5% per annum. The amount paid
will be deposited in the Tulalip Landfill Special Account within the
EPA Hazardous Substances Superfund to be used for the cover over the
source area at the landfill. Upon full payment, the settling party will
receive a release from further civil or administrative liabilities for
the Site and statutory contribution protection under Section 122(g)(5)
of CERCLA, 42 U.S.C. 9622(g)(5).
EPA will receive written comments relating to this proposed
settlement for a period of thirty (30) days from the date of this
publication.
The proposed agreement may be obtained from Cindy Colgate, Office
of Environmental Cleanup (ECL-113), 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1815. The Administrative Record for this
settlement may be examined at the EPA's Region 10 office located at
1200 Sixth Avenue, Seattle, Washington 98101, by contacting Bob
Phillips, Superfund Records Manager, Office of Environmental Cleanup
(ECL-110), 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
6699.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 41 U.S.C. Sections 9601-
9675.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 00-14491 Filed 6-15-00; 8:45 am]
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