[Federal Register: April 13, 1999 (Volume 64, Number 70)]
[Notices]               
[Page 18016-18017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap99-71]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6323-4]

 
Notice of Proposed CERCLA Administrative Cashout Settlement; 
Evergreen Manor Groundwater Contamination Site, Winnebago County, 
Illinois

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), the United States 
Environmental Protection Agency (``Agency'') hereby gives notice that 
it proposes to issue an administrative order on consent (AOC) 
concerning the Evergreen Manor Groundwater Contamination Site (``the 
Site'').
    The United States Department of Justice approved this AOC on April 
1, 1999, subject to review by the public pursuant to this Notice. The 
AOC requires Ecolab Inc., Regal Beloit Corporation, Waste Management of 
Illinois, Inc., and Waste Management of Wisconsin, Inc. (collectively 
referred to as the ``Settling Parties'') to pay a total of $2,100,850 
to the Hazardous Substance Superfund to partially fund a removal action 
to be performed by the Agency. The removal action will consist of 
construction of a water main extension to bring potable water from the 
North Park Public Water District to individual residences which are 
threatened by contaminated water (``removal project'').
    The AOC also includes a covenant by the Agency not to sue the 
Settling Parties under sections 106 or 107 of CERCLA, 42 U.S.C. 9606 or 
9607(a), for any of the following: (1) to require them to perform the 
removal project; (2) to recover the Agency's past costs related to this 
Site (which currently total approximately $104,000); or (3) to recover 
costs to be incurred by the Agency in connection with implementation of 
the removal project. In the AOC, the Agency specifically reserves all 
other rights against Settling Parties, including the right to sue them 
for the Agency's future costs incurred in performance of a remedial 
investigation/feasibility study (``RI/FS'') in connection with the 
Site, and the right to require the Settling Parties to either perform 
or pay for any future response actions at the Site, other than this 
removal project. The AOC also requires the Settling Parties to pay 
$100,000 to the State of Illinois to partially reimburse the State for 
its past costs incurred in connection with this Site. Under the AOC the 
State covenants not to sue the Settling Parties for the balance of its 
past costs or for future oversight costs incurred in connection with 
this removal project.
    The Agency will accept written comments relating to the settlement 
for thirty days after publication of this notice. 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 the North Suburban District Public 
Library, 5562 Clayton Circle, Roscoe, Illinois and at the U.S. EPA 
Records Center, Superfund Division 7-J, Metcalfe Federal Building, 77 
West Jackson Boulevard, Chicago, Illinois 60604.

DATES: Comments must be submitted on or before May 13, 1999.

ADDRESSES: The proposed AOC and the administrative record related to 
this Site

[[Page 18017]]

are available for public inspection at the North Suburban District 
Public Library, 5540 Elevator Road, Roscoe, Illinois and at the U.S. 
EPA Records Center, Superfund Division 7-J, Metcalfe Federal Building, 
77 West Jackson Boulevard, Chicago, Illinois 60604. You should address 
your comments to Janice S. Loughlin, Associate Regional Counsel, U.S. 
Environmental Protection Agency, Region 5, Mail Code C-29A, 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590, and should refer to 
the Evergreen Manor Groundwater Contamination Site, Winnebago County, 
Illinois.

FOR FURTHER INFORMATION CONTACT: Mike Ribordy, Remedial Project 
Manager, Superfund Division, U.S. Environmental Protection Agency (Mail 
Code SR-6J), or Janice S. Loughlin, Associate Regional Counsel, U.S. 
Environmental Protection Agency (Mail Code C-14J), 77 W. Jackson Blvd., 
Chicago, Illinois 60604. Mr. Ribordy can be reached at (312) 886-4592 
and Ms. Loughlin can be reached at (312) 886-7158.
    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601-
9675.
Wendy L. Carney,
Acting Director, Superfund Division.
[FR Doc. 99-9202 Filed 4-12-99; 8:45 am]
BILLING CODE 6560-50-U