[Federal Register: January 26, 2006 (Volume 71, Number 17)]
[Notices]               
[Page 4364-4365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja06-45]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8025-3]

 
Proposed CERCLA Administrative Settlement Agreement for the 
Bountiful/Woods Cross/5th South Pce Plume NPL Site, in Woods Cross, 
Davis County, UT

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for public comment.

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SUMMARY: In accordance with the requirements of section 122(h)(1) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is hereby 
given of the proposed administrative settlement under section 122(h) of 
CERCLA, 42 U.S.C. 9622(h), between EPA and W.S. Hatch Company and Jack 
B. Kelley, Inc. (``Settling Parties'') regarding the W.S. Hatch 
facility (the ``Facility''). The property which is the subject of this 
proposed Settlement Agreement is a parcel of land approximately three 
acres in size and is located at approximately 643 South and 800 West in 
Woods Cross, Davis County, Utah. The terms of the proposed 
Administrative Settlement Agreement, (the ``Settlement''), are intended 
to resolve the Settling Parties' liability at the Site for all response 
costs incurred and paid, or to be incurred and paid, by EPA in 
connection with the work performed at the Site as provided for in the 
Settlement.
    W.S. Hatch Company, a subsidiary of Jack B. Kelley, Inc., is the 
owner of a parcel of land which has been impacted by business 
operations at the Facility and is included within the defined 
boundaries of the Site. The proposed Settlement will resolve the 
Settling Parties' liability under section 107(a)(1) of CERCLA, 42 
U.S.C. 9607(a)(1). EPA has performed an ability to pay analysis of 
Settling Parties' financial capacity. Under the terms of the proposed 
Settlement, W.S. Hatch Company agrees to pay $450,000, plus interest, 
to EPA over five installment payments, and Jack B. Kelley, Inc. agrees 
to pay the principal sum of $40,000 to EPA. In exchange, the Settling 
Parties will settle their liability for all response costs incurred and 
paid, or to be incurred and

[[Page 4365]]

paid, at the Site in connection with the work performed at the Site as 
provided for in the Settlement.
    Opportunity for Comment: For thirty (30) days following the date of 
publication of this notice, the Agency will consider all comments 
received on the Payment of Response Costs portion of the Settlement 
only (Section VI) 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 the EPA Superfund Record Center, 999 18th Street, 
5th Floor, in Denver, Colorado.

DATES: Comments must be submitted on or before February 27, 2006.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at the EPA Superfund Records Center, 999 18th Street, 5th 
Floor, in Denver, Colorado. Comments and requests for a copy of the 
proposed settlement should be addressed to Carol Pokorny, Enforcement 
Specialist (8ENF-RC), Technical Enforcement Program, U.S. Environmental 
Protection Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, and should reference the Hatch Co/Kelley Settlement Agreement for 
the Bountiful/Woods Cross/5th South PCE Plume NPL Site in Bountiful, 
Davis County, Utah.

FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist 
(8ENF-RC), Technical Enforcement Program, U.S. Environmental Protection 
Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, (303) 
312-6970.
    It is so agreed.

    Dated: January 13, 2006.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, Region VIII.
[FR Doc. E6-993 Filed 1-25-06; 8:45 am]

BILLING CODE 6560-50-P