[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Pages 19078-19079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7309]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7898-1]
Proposed CERCLA Administrative Cost Recovery Settlement Pursuant
to the Comprehensive Environmental Response, Compensation, and
Liability Act; Greenberg Salvage Yard, Murphysboro, IL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with section 122(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(``CERCLA''), 42 U.S.C. 9622 (h), notice is hereby given of a proposed
administrative settlement by consent, pursuant to CERCLA 122(h), 42
U.S.C. 9622(h) concerning Cox Parts & Services, Inc. and Thomas D. Cox
Trucking, Inc. and the Greenberg Salvage Yard Site.
The settlement requires that the Settling Parties shall pay to the
EPA Hazardous Substance Superfund in eleven monthly installments the
principal sum of $13,157 plus interest as defined in the Agreement for
Recovery of Past Response Costs. The settlement includes EPA's covenant
not to sue the Settling Parties pursuant to 107(a) of CERCLA, 42 U.S.C.
9607(a), to recover Past Response Costs. This covenant not to sue is
conditioned upon the satisfactory performance by Settling Parties of
their obligations under the Agreement. U.S. EPA is proposing this
Agreement because it provides reimbursement to U.S. EPA for part of its
past costs at the Greenberg Salvage Yard Site.
For thirty (30) days following the date of publication of this
notice, the agency will receive written comments relating to the
settlement. The Agency will consider all comments received and may
modify or withdraw its consent to the settlement if comments received
disclose facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate. The response to any comment
received will be available for public inspection at the Superfund
Division Record Center, U.S. Environmental Protection Agency, 77 West
Jackson Blvd., Chicago, Illinois 60604-3590.
DATES: Comments must be submitted on or before May 12, 2005 pursuant to
122(i) of CERCLA, 42 U.S.C. 9622(i).
ADDRESSES: Comments should be addressed to Virginia Narsete, Public
Affairs Specialist, Superfund Division, Emergency Response Branch, Mail
Code SE-5J, U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Blvd., Chicago, Illinois 60604-3590, and should reference the
Greenberg Salvage Yard site, Murphysboro, Illinois. The settlement
agreement and additional background information relating to the
settlement are available for public inspection at the U.S.
Environmental Protection Agency, Region 5, Superfund Division Record
Center (address above), or a copy of the AOC may be obtained from
Virginia Narsete.
FOR FURTHER INFORMATION CONTACT: Virginia Narsete, Public Affairs
Specialist, Superfund Division, Emergency Response Branch, Mail Code
SE-5J, U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Blvd., Chicago, Illinois 60604-3590 or call (312) 886-4359.
SUPPLEMENTARY INFORMATION: The Greenberg Salvage Yard Superfund Site,
encompassing two parcels of approximately 2.34 acres, located in
Murphysboro, Jackson County, Illinois is generally designated by the
following property description: The Site's northern parcel is bordered
to the north by Thomas D. Cox Trucking, Inc., to the east by the
American Legion and to the west by private residences. The Site's
southern parcel is bordered by a lumber yard and to the east and west
by private residences. In response to the release or threatened release
of hazardous substances at or from the Site, EPA undertook response
actions at the Site pursuant to 104 of CERCLA, 42 U.S.C. 9604. A lead
stabilizing agent was mixed with lead-contaminated soil at the Site to
treat the soil to below hazardous waste characteristic levels for lead.
Then the soil was transported off the site for disposal as non-
hazardous waste. A total of 12,050.6 tons of treated/low level
contaminated lead soil were disposed of at an off-site disposal
facility. The Site was then backfilled with clean soil. The settling
parties are: Cox Parts and Services, Inc. and Thomas D. Cox Trucking,
Inc. The Settling Parties shall be jointly and severally liable for all
obligations imposed upon them under the Agreement for Recovery of Past
Response Costs, 122(h)(1) of CERCLA 42 U.S.C. 9622(h)(1). Based upon
the information submitted by the parties, EPA determined that each
Settling Party has limited financial ability to pay for response costs
incurred at the Site. However, the Site property was owned by Cox Parts
and Services, Inc. and was sold after the removal action was completed.
The settlement represents the amount of profit received by Cox Parts
and Services, Inc. from the sale of the property. Settling Parties
shall pay to the EPA Hazardous Substance
[[Page 19079]]
Superfund the principal sum of $13,157 plus interest as defined in the
Agreement for Recovery of Past Response Costs. Payment shall be made in
eleven monthly installments.
Dated: April 1, 2005.
Donald J. Bruce,
Acting Director, Superfund Division.
[FR Doc. 05-7309 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P