[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Notices]
[Page 52585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-44]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7552-5]
Proposed Administrative Past Cost Settlement Under Section
122(h)(1) of the Comprehensive Environmental Response, Compensation and
Liability Act; In the Matter of Ohio Drum Superfund Site, Cleveland, OH
AGENCY: Environmental Protection Agency (EPA).
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, as amended
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed
administrative settlement for recovery of past response costs
concerning the Ohio Drum Superfund Site (``the Site'') in Cleveland,
Ohio, with five parties: DeSantis Paint Manufacturing Co., City Barrel
& Drum Company, Elmer Freiberg, David Tvert, and Cuyahoga Chemical
Company (``the settling parties''). The settlement requires DeSantis
Paint Manufacturing Co. to pay $500.00 to the Hazardous Substance
Superfund. City Barrel & Drum Company will pay $5,000.00 to the
Hazardous Substance Superfund. Elmer Freiberg will pay $500.00 to the
Hazardous Substance Superfund. David Tvert will pay $10,000.00 to the
Hazardous Substance Superfund. Cuyahoga Chemical Company will pay
$100.00 to the Hazardous Substance Superfund.
Under the terms of the settlement, the settling parties agree to
pay their respective settlement amounts. In exchange for their
payments, the United States covenants not to sue or take administrative
action pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), to
recover costs that the United States paid in connection with the Site
through February 1, 2003. In addition, the settling parties are
entitled to protection from contribution actions or claims as provided
by sections 113(f) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f) and
9622(h)(4), for response costs incurred by any person at the Site.
For thirty (30) days after 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 Agency's response to any
comments received will be available for public inspection at EPA's
Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604,
and at the Cleveland Public Library, Cleveland, Ohio.
DATES: Comments must be submitted on or before October 6, 2003.
ADDRESSES: The proposed settlement is available for public inspection
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago,
Illinois 60604. A copy of the proposed settlement may be obtained from
Peter Felitti, Associate Regional Counsel, U.S. EPA, Mail Code C-14J,
77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-5114.
Comments should reference the Ohio Drum Superfund Site, Cleveland,
Ohio, and EPA Docket No. V-W-03-C-749, and should be addressed to Peter
Felitti, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 W.
Jackson Blvd., Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Peter Felitti, Associate Regional
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago,
Illinois 60604, telephone (312) 886-5114.
Authority: The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601,
et seq.
Dated: August 5, 2003.
William E. Muno,
Director, Superfund Division.
[FR Doc. 03-22541 Filed 9-3-03; 8:45 am]
BILLING CODE 6560-50-M