[Federal Register Volume 67, Number 118 (Wednesday, June 19, 2002)]
[Notices]
[Pages 41724-41725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15458]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7234-8]
Prospective Purchaser Agreement and Covenant Not To Sue Under the
Comprehensive Environmental Response, Compensation, and Liability Act
Regarding the DeRewal Chemical Company Superfund Site, Kingwood
Township, NJ
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed prospective purchaser agreement and request
for public comment.
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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. 9601 et seq., the U.S. Environmental
Protection Agency (``EPA'') announces a proposed administrative
settlement with the New Jersey Department of Environmental Protection
(``NJDEP'') and the Township of Kingwood, New Jersey (``Township'')
concerning the DeRewal Chemical Company Superfund Site in Kingwood
Township, New Jersey. The proposed administrative settlement, also
known as a prospective purchaser agreement, is memorialized in an
Agreement And Covenant Not To Sue (``Agreement'') between EPA, NJDEP
and the Township. By this Notice, EPA is informing the public of the
proposed settlement and of the opportunity to comment.
Following a CERCLA investigation at the approximately 8.4-acre
Site, where a chemical storage facility was formerly situated, EPA
found that the soil and shallow groundwater were contaminated with
hazardous substances. EPA issued a Record of Decision selecting soil
and groundwater remedies for the Site. EPA completed the soil cleanup
in 1998 and is studying whether the groundwater remedy is still
required.
The Agreement concerns three of five parcels of land (the
``Property'') that comprise the Site. The Township gained title to the
Property following tax foreclosure actions in the 1990s and now
operates a park there. Under the Agreement, NJDEP will purchase one of
the parcels from the Township and conserve it as open space for
recreation. The Township will convey a conservation easement to NJDEP
on the two remaining parcels and maintain them as open space for
recreation. Further, NJDEP and the Township will impose institutional
controls on the Property and allow EPA access for remedial activities.
In exchange, the United States will grant a covenant not to sue or take
any other civil or administrative action against NJDEP and the Township
for any and all civil liability, for injunctive relief or reimbursement
of response costs pursuant to sections 106 or 107(a) of CERCLA, 42
U.S.C. 9606 or 9607(a) with respect to existing contamination present
on or under the Site.
Finally, should NJDEP sell its parcel for a purpose other than
conservation, the Agreement requires NJDEP to make
[[Page 41725]]
payments to EPA. The Agreement also requires the Township to remit
payments to EPA if the Township sells, leases or uses its parcels for
purpose other than conservation. EPA believes this settlement is fair
and in the public interest.
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 consideration that indicate the proposed
settlement is inappropriate, improper, or inadequate. EPA's response to
any comments received will be available for public inspection at the
U.S. Environmental Protection Agency, Office of Regional Counsel, 290
Broadway--17th Floor, New York, New York 10007-1866. Telephone: (212)
637-3111.
Pursuant to EPA guidance, the Agreement may not be issued without
the concurrence of the Assistant Attorney General for Environment and
Natural Resources of the U.S. Department of Justice. The Assistant
Attorney General has approved the proposed Agreement in writing.
DATES: Comments must be provided on or before July 19, 2002.
ADDRESSES: Comments should be sent to the U.S. Environmental Protection
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York,
NY 10007-1866 and should refer to: DeRewal Chemical Company Superfund
Site, U.S. EPA Index No. CERCLA-02-2000-2029.
FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency,
Office of Regional Counsel, 290 Broadway--17th Floor, New York, New
York 10007-1866. Telephone: (212) 637-3111.
SUPPLEMENTARY INFORMATION: A copy of the proposed administrative
settlement may be obtained in person or by mail from Lawrence Granite,
U.S. Environmental Protection Agency, 290 Broadway--19th Floor, New
York, NY 10007-1866. Telephone: (212) 637-4423.
Dated: March 27, 2002.
William J. Muszynski,
Deputy Regional Administrator, Region 2.
[FR Doc. 02-15458 Filed 6-18-02; 8:45 am]
BILLING CODE 6560-50-U