[Federal Register: December 15, 1999 (Volume 64, Number 240)]
[Notices]               
[Page 70020-70021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de99-57]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6509-6]

 
Prospective Purchaser Agreement and Covenant Not To Sue Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
Regarding the Mechanic Street Realty Corporation Superfund Site, Perth 
Amboy, 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 City of Perth Amboy, New Jersey (``City''), a 
``prospective purchaser'' of the Mechanic Street Realty Corporation 
Superfund Site (``Site'') in Perth Amboy, New Jersey. The proposed 
administrative settlement is memorialized in an Agreement And Covenant 
Not To Sue (``Agreement'') between EPA and the City. By this Notice, 
EPA is informing the public of the proposed settlement and of the 
opportunity to comment.
    EPA performed a CERCLA removal action at the Site, a vacant four-
acre former industrial complex, in 1997-1998 after investigations 
revealed the presence of hazardous substances. EPA stabilized and 
disposed of hazardous substances in tanks and containers at the Site to 
reduce the threat of release and the potential for exposure through 
direct human contact and on-site releases. The City designated the Site 
as part of its ``Focus 2000'' redevelopment program in 1997. Once it 
has acquired the Site, the City intends to transfer the property to a 
new owner for redevelopment.
    Under the Agreement, if the City transfers the Site to a 
governmental agency for redevelopment for public use, the City will 
perform certain investigative and remedial work at the Site in exchange 
for the United States' covenant not to sue or take any other civil or 
administrative action against the City 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. If the 
City sells or leases the Site to any other party, the Agreement 
provides that the City will perform the work described above and pay 
EPA either 50% of the net proceeds of the sale or lease after the City 
deducts any taxes on the property owed to the City and its transaction 
costs or the total amount of EPA's documented costs, whichever is less. 
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 with 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

[[Page 70021]]

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 by January 14, 2000.

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: the Mechanic Street Realty 
Corporation Superfund Site, U.S. EPA Docket No. II-CERCLA-02-99-2024.

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 Joseph Cosentino, 
U.S. Environmental Protection Agency, 2890 Woodbridge Avenue, Edison, 
New Jersey 08837-3679, (732) 906-6983.

    Dated: September 30, 1999.
Jeanne M. Fox,
Regional Administrator, Region 2.
[FR Doc. 99-32518 Filed 12-14-99; 8:45 am]
BILLING CODE 6560-50-P