[Federal Register Volume 65, Number 165 (Thursday, August 24, 2000)]
[Notices]
[Pages 51616-51617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21668]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6857-3]


Proposed Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act; In the Matter 
of Lakeland Disposal Service, Inc., Claypool, Indiana

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

ACTION: Notice; request for public comment.

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SUMMARY: Notice of De Minimis Settlement: In accordance with section 
122(i)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended (CERCLA), U.S. EPA gives notice 
of a proposed administrative settlement concerning the remedial action 
at the Lakeland Disposal Service, Inc., Superfund Site, Claypool, 
County of Kosciusko, Indiana (the Site). The proposed agreement will 
resolve issues concerning one individual De Minimis landowner at the 
Site. U.S. EPA has previously submitted the proposed agreement to the 
U.S. Department of Justice for review and has received its approval for 
the proposed agreement via letter dated March 7, 2000.

DATES: Comments must be provided on or before September 25, 2000.

ADDRESSES: Barbara Wester (C-14J), Office of Regional Counsel, U.S. 
Environmental Protection Agency, Region 5, 77 W. Jackson Boulevard, 
Chicago, Illinois 60605-3590. Include the following name of the matter 
in the comment: In the Matter of Lakeland Disposal Service, Inc., 
Claypool, Indiana, U.S. EPA Docket No. V-W-99-C-561.

FOR FURTHER INFORMATION CONTACT: Barbara Wester (C-14J), Office of 
Regional Counsel, U.S. Environmental Protection Agency, Region 5, 77 W. 
Jackson Boulevard, Chicago, Illinois 60604-3590.

SUPPLEMENTARY INFORMATION: Homer Dove owns approximately five (5) acres 
of property located adjacent to and within the boundaries of the Site 
and did not himself contribute any wastes to the Site. The Record of 
Decision (ROD) for the Site, issued on September 28, 1993, contemplated 
that deed restrictions and institutional controls would be an important 
part of the remedy. The Settlement provides: That Dana Corporation; 
Eaton Corporation; General Motors Corporation; United Technologies 
Automotive, Inc.; and Warsaw Black Oxide, Inc. (collectively, the UAO 
Group) will compensate Mr. Dove for the loss of use of his property; 
that Mr. Dove will establish the contractual access provisions and deed 
restrictions necessary to effect the on-going remediation of the Site 
proscribed by the ROD; and that Mr. Dove will convert these contractual 
promises to the form of an environmental easement, if U.S. EPA request 
that he do so. U.S. EPA will receive written comments relating to this 
settlement agreement for a period of thirty (30) days from the date of 
publication of this notice. Under CERCLA section 122(i)(3), U.S. EPA 
will consider any comments filed during this public comment period in 
``determining whether or not to consent to the

[[Page 51617]]

proposed settlement and may withdraw or withhold consent to the 
proposed settlement if such comments disclose facts or considerations 
which indicate the proposed settlement is inappropriate, improper, or 
inadequate.''
    Copies of the proposed administrative settlement agreement and of 
additional background information relating to the settlement are 
available for review. These may be obtained in person at the Superfund 
Division's public records center, 7th Floor, U.S. Environmental 
Protection Agency, Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 
60604-3590, or by mail from Barbara Wester (C-14J), Office of Regional 
Counsel, U.S. Environmental Protection Agency, Region 5, 77 W. Jackson 
Boulevard, Chicago, Illinois 60604-3590.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601-
9675.

Margaret M. Guerriero,
Acting Director, Superfund Division, Region 5.
[FR Doc. 00-21668 Filed 8-23-00; 8:45 am]
BILLING CODE 6560-50-M