[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Page 34117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14511]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9162-9]
Proposed CERCLA Section 122(h) Cost Recovery Settlement for the
H.M. Quackenbush, Inc. Superfund Site, Herkimer, Herkimer County, NY
AGENCY: Environmental Protection Agency.
ACTION: Notice; 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. 9622(i), notice is hereby given by the
U.S. Environmental Protection Agency (``EPA''), Region II, of a
proposed cost recovery settlement agreement pursuant to Section 122(h)
of CERCLA, 42 U.S.C. 9622(h), regarding the H.M. Quackenbush, Inc.
Superfund Site (``Site'') in Herkimer, Herkimer County, New York. The
proposed settlement requires Frederick H. Hagar (``Settling Party''),
CEO, Chairman and majority shareholder of H.M. Quackenbush, Inc., to
pay EPA, in nine annual installments, $225,000.00, plus interest, for
EPA's past response costs incurred at the Site. The Settling Party also
agrees to pay $75,000.00 pursuant to a settlement with the Village of
Herkimer into an interest-bearing escrow account for Site-related
restoration purposes. If the escrow funds are not utilized by Herkimer
within 5 years of the effective date of the Settlement Agreement, the
escrow funds, plus accrued interest, shall be paid into the EPA
Hazardous Substance Superfund. The settlement includes a covenant by
EPA not to sue or to take administrative action against the Settling
Party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with
regard to certain past response costs related the Site. For thirty (30)
days following the date of publication of this notice, EPA will receive
written comments relating to the settlement. EPA will consider all
comments received and may modify or withdraw its consent to the
settlement if comments received disclose facts or considerations that
indicate that the proposed settlement is inappropriate, improper or
inadequate. EPA's response to any comments received will be available
for public inspection at EPA Region II, 290 Broadway, New York, New
York 10007-1866.
DATES: Comments must be submitted on or before July 16, 2010.
ADDRESSES: The proposed settlement is available for public inspection
at EPA Region II offices at 290 Broadway, New York, New York 10007-
1866. Comments should reference the H.M. Quackenbush, Inc. Superfund
Site, Herkimer, Herkimer County, New York, Index No. CERCLA-02-2010-
2007. To request a copy of the proposed settlement agreement, please
contact the EPA employee identified below.
FOR FURTHER INFORMATION CONTACT: Brian Carr, Assistant Regional
Counsel, New York/Caribbean Superfund Branch, Office of Regional
Counsel, U.S. Environmental Protection Agency, 290 Broadway--17th
Floor, New York, New York 10007-1866. E-mail: [email protected]
Telephone: 212-637-3170.
Dated: May 26, 2010.
John E. LaPadula,
Acting Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 2010-14511 Filed 6-15-10; 8:45 am]
BILLING CODE 6560-50-P